RETRO BACK PAY WRONG AMOUNT?

[randylan2]

I applied for service connected hemorrhoids disability 2016 and got denied 10-2016.  I sent CUE TO LOCAL VA OFFICE

11-2016  ALONG WITH DISAGREEMENT and wrote veteran should be entitled for hemorrhoids, bleeding and leakage,sent 

 evidence copies I had from active duty doctors In 1990.

 3-31-2017 was sent to C@P exam.

4-27-2017  Awarded service connection for hemorrhoids and leakage. But the letter I got reports hemorrhoids  award started in 2016

And Leakage secondary  award starts 3-31-2017  the day I had C@P exam.

My question is if I sent cue with me stating hemorrhoids with leakage was from active duty, why did they start leakage payments starting 3-31-2017? Should I send letter disagreement?  to DRO ?  or did they follow the rule with back pay?

[Berta]

"4-27-2017  Awarded service connection for hemorrhoids and leakage. But the letter I got reports hemorrhoids  award started in 2016

And Leakage secondary  award starts 3-31-2017  the day I had C@P exam.

My question is if I sent cue with me stating hemorrhoids with leakage was from active duty, why did they start leakage payments starting 3-31-2017? Should I send letter disagreement?  to DRO ?  or did they follow the rule with back pay?"

When was your discharge?

When did they get the formal claim for hemmoroids with leakage?

"4-27-2017  Awarded service connection for hemorrhoids and leakage. But the letter I got reports hemorrhoids  award started in 2016"

Can you scan and attach here their rationale from that letter? Cover C file, name etc prior to scanning it.

It sounds like they CUEd themselves on the 2016 denial. 10-16 denial then 4-2017 award....based on NOD and STR evidence....CUEs whether discovered by VA or by us claimants can often get that type of fast reversal.

I think there might be another CUE error as well.

We need to read ,in VA's words, their rationale for using the 2017 C & P exam date, when this disability was clearly evident in the STRs.

Did you get any retro yet?   What rating did they give you in the recent award?

I have a feeling that when they got the claim in 2016 they denied without even attempting to get your STRs.

Can you scan and attach here as well , the 2016 denial letter?

 

 

 

 

 

[broncovet]

Berta is correct, as usual.  While we can not make a good guess about your effective date without more infomration, based on what you posted, you need to file a NOD disputing the effective date OR, as berta explains, ask VA to cue  themselves on the effective date.  

In each decision, you can dispute by filing a NOD potentially 3 parts of every claimed issue:

1.  Service connection.  

2.  Disability percentage

3.  Effective date.  

The VA rates claims IN THAT ORDER.  In other words if you are denied service connection, then the effective date wont matter.  

It often means that Vetrans have to appeal THE SAME issue up to 3 times..first for SC, the for percentage, and finally the effective date.  

I have had VA fight me on every one of these, and Im still fighting them on effective date.  The effective date, I won, but only a portion of it.  So, I went after them for TDIU prior to the beginning of the effective date, the net effect would mean the same as an EEd.  

[randylan2]

I have attached copies of award

still looking for original deniel letter 

[randylan2]

I WAS DISCHARGED 1991.  DID NOT FILE CLAIM UNTIL 2015

20 %  HEM

60% LEAKAGE

TOTAL 80% AWARDED

 

Edited May 7, 2017 by randylan2

[Berta]

"I WAS DISCHARGED 1991.  DID NOT FILE CLAIM UNTIL 2016."

Then the EED would be 2016 but something is odd on the downloads.

They say hemorrhoids SC  20% back to Oct 2015.

Is there any rationale in the decision that explains the favorable 2015 date?

Have you checked the retro amount with the historic comp charts here?

 

Are you employed and if not what did the decision say about TDIU?

[randylan2]

SERVICE CONNECTED FOR HEMORRHOIDS START DATE OCT 28 2015 NOT 2016

SERVICE CONNECTION FOR ANAL LEAKAGE HAS BEEN ESTABLISHED AS RELATED TO THE SERVICE CONNECTED HEMORRHOIDS.  START DATE 31 MARCH 2017.

THIS IS THE DATE OF YOUR C@P EXAM AND THE FIRST DATE FROM WHICH THE EVIDENCE OF RECORD DEMONSTRATES THAT YOU HAVE FETAL LEAKAGE. AND RELATES TO THE PROGRESSION OF YOUR HEMORRHOID CONDITION

I WAS WRONG ON THE APPLICATION DATE FOR HEMORRHOIDS.  NOT 2016 BUT 2015

VERY CONFUSED ABOUT RETRO AMOUNT

YES I WORK STILL. ATTACHED THE PAYMENT START DATES BUT HAVE NO IDEA HOW THEY CAME UP WITH 5129.00 BACK-PAY.......