tdiu Backpay and Monthly Comp After BVA Grant

[bnthornton]

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!

[bnthornton]

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

Thanks! And congrats to you too!! When did yours get approved?

[bnthornton]

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?

Do you mean effective date of Jan 16, 2015? Was this a BVA notification you received in June? At least your monthly increase was fast, so that's awesome, especially since that jump from 90% to 100% is a big one. Did you see any change on eBenefits in June before your increase happened in July? Also curious, what did DFAS have to do and then send to the VA in August?

[Slick]

Do you mean effective date of Jan 16, 2015? Was this a BVA notification you received in June? At least your monthly increase was fast, so that's awesome, especially since that jump from 90% to 100% is a big one. Did you see any change on eBenefits in June before your increase happened in July? Also curious, what did DFAS have to do and then send to the VA in August?

yes 2015- Straight claim approval.  filing date was Jan 16, 2015.  decision received June and increase on July payment. Checked e-bennies late June just before I got the manila envelope and it showed increase.

I'm retired so DFAS had to do a review. They sent their piece to VA in August.  Have talked to VA over "chat" line and both times got the "backlog is delay" and no estimated completion date

[Gastone]

What was his MDD SC % before the 70% award, 50 or 30%? Is he now actually 100% Scheduler SC, wonder why the Remand for IU? If the BVA Award put him at !00% Scheduler for the entire Appeal period back to 09, the IU Claim/Award would be moot. His Unemployability would not be an issue if the BVA award increased him to 100% Scheduler.

My math may be off, doing this in my head right now. If he were 90SC, he would need a "New SC Condition" rated at 50%+ to get to 95% rounded to 100% SC Scheduler. Does an increase from 30 or 50 on an existing SC to 70% do the trick, don't think so but could be wrong. Have to use the SC Calculator.

Just be sure, if you haven't already set up your Direct Deposit, have Txt/Email notifications of all transactions. You'll have the answer to the comp $$ 12/1.

Semper Fi

[broncovet]

GAstone.  TDIU for 100% Vets is no longer moot after Bradly vs Peake, since a TDIU award can mean SMC S at least some of the time.  In part I appealed on that very reason, and the BVA agreed with me on that and specifically stated my tdiu is "not moot" because of Bradley.  I expect a Veteran unfriendly BVA judge to deny TDIU as moot, and this to be decided by the CAVC or Federal Circuit.    Or, it maybe they are just simply quietly telling BVA to just say its not moot and remand it, so it never makes it to CAVC, as you can not appeal a remand, until it has been finally decided. 

[Gastone]

I'd been 90SC since 10, with a 70+50+30+10.  An increase on my existing 50 or 30 would have still had me at about 93.7 rounded back to 90SC. I defer to B Vs P in regards to the IU claim Remand. If I'm not mistaken, unless an IU award is Extra-Schedular, the IU Award is based on the SC causing the Unemployability, not all the Vet's SC's. I think the recent change in the VA IU Application illustrates that. A Vet must now list the SC condition that he believes causes his Unemployability.

Went and did a cursory review of B Vs Peak discussions. Seems that the decision opens a narrow loop-hole for IU vets regarding the 60% Separate SC needed for current or Future SMC S award after receiving an actual 100% SC Scheduler or IU award.  As with an "inferred IU Claim" listed on an Award Letter, the Vet still has to qualify and file the IU Claim.

As I recall, AskNod posted an interesting discussion regarding these issues.

Just for info, would still like to know how the BVA MH increase to 70 affected the overall rating. Many a Vet has had a problem with the VA Math, could be at play here.

Semper Fi