Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
prophetmom

Help with Effective Date of Disability Appeal-related Back Pay

Question

Hi to All, 

In full disclosure, let me begin by saying that I am not the veteran in question...I am the 22-year wife of a veteran with Schizoeffective disorder. He served his country with distinction in both he Army and the Air Force. To make a long story short (I hope), he was so traumatized when he left the military (they gave him a psych discharge; he served in Desert Storm and had a breakdown over there) until he did not want to deal with anything military or veteran related for a long time. I bring this up because he waited until 2008 (when his condition had gotten unbearable, we were in financial dire straights, etc.) to even begin to look at getting benefits again. As luck would have it, at that time, the VA had just finished deducting from the benefits they WOULD HAVE given him had he been receiving a month check to pay them back for a large lump sum ($20,000 or so, I think) when he separated from the military (My apologies; I am a civilian; I do not know all the formal terms, etc.). Prior to 2008,they awarded him only 10%. In May 2008, that was increased to 30%. Ladies and gentlemen, this is where it gets all fuzzy for me...I had cancer during this time, we had a son with autism, my husband had highs and lows...I really do not remember all of what transpired because it took so long for anything to happen. The bottom line is we got a thick court case-looking document in the mail last month saying in the Conclusion of Law section the following: "For the entire period on appeal, the criteria for a disability rating of 70 percent, but no higher, for schizoaffective disorder are met." My question (finally) is...What is "the entire period on appeal"? I see a line in here that says, "In the June 2010 substantive appeal..." Is this the appeal on which this ruling is based? Then there were 2014 dates, too. It is all so confusing. Any help  you can give will be greatly appreciated.

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

bump

Share this post


Link to post
Share on other sites
  • 0

If we could see the final decision with all personal info it would help us to pin point what went on with their reasoning.

I'm gonna give it a blind shot. In 2010 they did make changes to phsyc disability policies.

What I'm reading is where they possibly gave different ratings based on the medical evidence for that time period. It's really difficult to be certain without reading decision.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
1 hour ago, R3dneck said:

If we could see the final decision with all personal info it would help us to pin point what went on with their reasoning.

I'm gonna give it a blind shot. In 2010 they did make changes to phsyc disability policies.

What I'm reading is where they possibly gave different ratings based on the medical evidence for that time period. It's really difficult to be certain without reading decision.

Thank you! I would have to scan this nearly 20 page document for show it to you all (I think). I will see what I can do. I called the DAV to ask; I could be wrong, but I felt like they were just telling me something to rush me off of the phone :) . 

Thanks so much for responding.

Share this post


Link to post
Share on other sites
  • 0

Apparently, either your husband or his representative appealed an earlier VARO denial.  

I agree, however, simply based upon your statement regarding the "2010 Substantive appeal" that your effective date will be prior to 2010.  But there is more. 

You see, when you get a VARO decision, you file a NOD if you dispute it.  Some time later, the VA files a "STATEMENT OF THE CASE", and you must file a form I9 substantive appeal.   SOMEBODY did that, probably your representative.  So, "the entire period upon appeal" is likely before 2010, probably at least a year or so before that.  We dont know, tho, you will have to read up on that to find out.  Nowadays, it takes a couple years after you file the NOD, for the VA to file the SOC.  Nobody knows how long it will take, you can probably read the cfile and find out how long it DID take.  

Bottom line:

Congratulations, you should be getting back pay for AT LEAST 7 years, and probably closer to 10 years for 70%, based on what you posted.  

Now, the VARO will have to implement this BVA (or CAVC decision, whichever it is).  Still, within the next few months, maybe less, you should get a monster check from VA.  Currently, 70% married Vets get $1451 per month.    If you have more dependents, it will be more.  

Now, while we would like to do this, you can not simply multiply 1451 times 12 times 7 years, because it was less and has been increased most years prior to Obama.  (We did not get a raise for about 3 years during Obama administration so it stayed the same).   You have to figure it again each year.  However, I will "guess" you will average about 1300 per month this 84 plus months or about a check for $109,000.  Its probably actually gonna be more, because it was likely a couple more years for you to get the SOC and file the 2010 substantive appeal.  

However, before you go spending the money, the VA will deduct any you have already received.  That is, if you were NSC pension, or 40 percent or whatever...any or all of this will be deducted from the 109,000.  

Edited by broncovet
  • Like 2

Share this post


Link to post
Share on other sites
  • 0

Thank you so much, @broncovet, for an educated guess :) . 

Below is a screenshot of a list of "somethings" I found in ebenefits. Yes, I recall now that it was a mess. We filed "something"....then we tried to make an appointment to see the Board....they waited right up until the week before to cancel (after we had been waiting a couple of years, I think). Then, we tried again...but my husband got sick and could not go. Finally, we got to go. I still cannot find the original date when we started this process. 

 

Appeal Info.JPG

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines