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DICK HILL, October 9, 2015 in Success Stories
I received my letter from the VA today saying my total rating was increased from 50 percent to 70 percent. It says they have withheld money from 1 Nov 2014 and from 1 Dec 2014, and says I will get a retired pay adjustment from $836.13 to $1,334.71 starting 1 Oct 2015. The letter also says the VA has deferred 2 items of my claim for either "pending examiner clarification" or "pending VA examination". The letter does not address retro pay at all.
I read a post on this site dated 5 Feb 11 where someone said if the VA defers any contentions that you won't receive a retro check for your claim until the deferred contentions have been rated. Does anyone know, if in fact, that statement is true.
Your thoughts will be greatly appreciated. Dick Hill
"Your thoughts will be greatly appreciated."
It's not the way I understand it.
The VA "generally" wants to retro-pay any arrearages as soon as possible. They will recalculate when necessary and adjust in future payments.
At least that's been my observation.
The only time I'm aware that they will hold the funds is if they are "inferring" Individual Unemployability (IU). In that case, they will hold the funds until the IU has been granted.
The VA usually does what it wants to do in this area.
Remember that a "deferred" claim status, coupled with other various regulations and laws, can be used to say that the whole claim, awarded or not,
can be reviewed, and possibly have awards changed. Normally, you would expect the obviously due retro to be paid, based on what was awarded.
But, if the claim(s) was farmed out, you may get notice of a decision from the VARO working the claim, yet it goes back to the originating VARO for
approval and payment. That happened to me. St Pete worked the claim, and sent details including the award to me. Atlanta eventually paid, and sent another
detail package that differed from the St Pete version. In one small part of the claim, involving scars, the VA dodged around a mistake that was due to law/regulation change.
They did this by awarding for a specific type of scar, leaving the earlier % in the record for unspecified scars. ????
The VA has me confused again. Got a reminder on my 27 October 2015 C&P for the two deferred items (Plantar Fascittis increase - although I have already had 2 C&Ps on it) and my deferred Cervical spine issue. What is confusing to me is that the C&P section is saying that the C&P exam will also include by back. That was not a deferred item. In fact they increased my degenerative arthritis of the thoracolumbar spine from 10% to 20% and now they call it "degenerative joint disease of the lumbosacral spine with spondylosis and intervertebral disc syndrome". They awarded the 20% based on "combined range of motion of the thoracolumbar spine not greater than 120 degrees". Can anyone guess why they are going to examine my back again?
Your thoughts will be greatly appreciated.
To change the rating (again?)
It may be for a number of reasons - - - somebody didn't like the last C&P results. The C&P was not complete or done improperly for reasons unknown.
The VA is shopping for a C&P result that minimizes the conditions.
In other words, only those inside the VA really know.
I just received an increase from 70% to 90%. I have not received my brown envelope yet. My question is will I be entitled to receive back pay?.
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