How is back pay figured

[jgrod]

I'm received compensation (70% for PTSD since 2011). I had an appeal for back condition that was just awarded (March 2016) 20% DDD and 10% secondary radiculopathy Lle effective date March 2013. 

My question: do I get back pay at 30% for new SC or just 10% (the difference between 70 and 80%) 80% is the new combined rate?

Also, I had been fighting my back condition since my discharge in 1993. I filled within a year of discharge but finally got the SC. Can I get effective date to my date of discharge? If so, how?

Thank you in advance for your help.

Edited March 29, 2016 by jgrod

[broncovet]

Good questions!  

1.  You get the "difference" between what they paid you before, and what your new rating is.  You have to figure it out each month, as the comp changes, and you get the "older" rate in years past.  

2.  Yes.  You should get an effective date the day after discharge if you filed within a year of discharge.  If you did not, then you can file a NOD.  Caveat:  You get the later of "the date you applied" or "facts found", which means the date the doc said you were disabled.  Example:

You get out of the service in April 2002.  In August 2002, you apply for "bad knees".  

IN July, 2014, the doc does an xray and says you need new knees and schedules surgery, AND the doctor opinies that your knees caused you no problems at all from 2002-2014, but in July, 2014, you need new knees.  Lets further assume VA has SC'd your knee problems.  

What is effective date?  Its the later of the facts found or the date you applied.  The doc said your knees were fine until July 2014, so your effective date is July 2014 for 30%, but 0% from August, 2002 because, while your knee problems were service connected, you had no symptoms (according to your doc) from 2002-July 2014.  So the "facts found" are you get SC at 30 % from August 2014, not 2002.  

To refute this docs opinion, you could get a private doctor review your records and show you had constant knee issues from 2002 through 2014.  

  

This is for example only, and not any person, just a hypothetical case.  

Edited March 29, 2016 by broncovet

[jgrod]

The c&p doc wrote, "it is directly related to his time on active duty starting in 1991 when the SMR mention the back pain radiating into the left leg. This was only made worse by the fall on the Navy Ship. Records over the years show a consistent history of lumbar pain and always into the left leg. This makes this condition at least as likely as not related to his time in service."

Also stated that my sciatic nerve is "incomplete paralysis - moderately severe." What is the reading for that? Is it 10% because that's what I got. I'll get letter and post what was awarded.

Thanks for the help.