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Backpay and Monthly Comp After BVA Grant

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Posted

My husband, also a Vet, recently had a BVA appeal for increased major depressive disorder and TDIU. The BVA granted the MDD increase to 70% from the initial rating through the entire rating period and remanded the TDIU back to the RO for consideration with the new MDD rating.

This increase to 70% for his MDD now puts him at 100% total rating and will be getting backpay to 2009. We know that it can take forever for the backpay to process, especially considering how large of a sum it will be so while we're hoping for it to be on the shorter side of time, we are not holding our breath.

Our question is this: could he start getting his increased monthly comp amount before the backpay hits or do they always process both at the same time so we'll likely either see the backpay first or at the same time?

 

Thanks!

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  • Founder
Posted

yes he can and probably will see the bump in his monthly check before the retro, especially a large retro that requires a bit more authorization.

Tbird
 

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Posted

yes he can and probably will see the bump in his monthly check before the retro, especially a large retro that requires a bit more authorization.

Thanks! That's what I was thinking but hadn't been able to find anything verifying that.

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Posted

Congratulation on your award  that's great news.

 

......Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Posted

Yes, congratulations!

I too was increased: from 30% to 60%, and am waiting for the back pay to arrive along with the increase. Please keep us posted on  your progress as it will be a great source of information for the rest of us waiting too!

Semper Fi,

Sgt. Wilky

BOHICA

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Posted

Notified went from 90 to 100% June with effective date Jan 16, 2016. Saw increase in July and still waiting on retro.

DFAS did their thing August and sent to VA.  Last "chat" with VA stated was in que, but backlog causing delay.

so what else is new?

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Posted (edited)

Thanks everyone! It's been a long hard road of fighting but glad it finally paid off.

Did any of you who started seeing pay increase have eBenefits update before that happened? We've been checking his account daily (gotta do SOMETHING to keep us occupied while waiting) and it still says 90% under total disability rating and the original % rating under his MDD. Does that mean we're not likely to see anything happen for the upcoming payment or is eBenefits not always up to date on that? I mean, either way, we'll know on Monday but then we'll start obsessing over December's payment! LOL

The BVA letter said, "ORDER: Entitlement to an initial rating of 70 percent, but no higher, for major depressive disorder is granted for the entire rating period." I know it's less common for the BVA to actually state a specific rating percentage but since they did, I'm assuming all that basically happens is someone somewhere keystrokes it in to the system and sends the info to DFAS? I might be incorrect on that assumption though.

The only thing we have received from the RO so far was about the TDIU remand saying they are working on it and what to do if we had any other evidence to submit. Nothing from them on the MDD increase though. 

I will definitely update on here as we see/hear/know more!

Edited by bnthornton

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