Question about Retro Pay

[Logarius]

Hi everyone,

 

So I thought I would see if I can get an answer on this. 

So I got out in October 2011 and had a C&P Exam 5 days later where I got denied on a SC Condition. I reopened the case last year in July, denied again because of no new evidence. This year, reopen the case again, no new evidence but given a c&p exam and was rated at 10% on it.

Now, should the effective date be from my original C&P Exam where I got denied, or from 2017?

Edited August 17, 2018 by Logarius

[Buck52]

EED Should be from when you first filed.

However, Unfortunately, when you reopen a claim, retroactive benefits are not paid to you based on the date you originally filed a claim, but instead are based on the date you filed a request to have the claim reopened.

[Berta]

Based on what you stated here, you appear to have the basis for a CUE claim, to recover the EED.

What was the NSC perentage in the denial?

If it was NSC at 10% for the exact same disability, it would definitely be a CUE- similar to my last award.

 

 

 

There is plenty of info here on CUE.

 

Edited August 18, 2018 by Berta

[Berta]

I answered this too fast- maybe I should explain.

In 1998 my husband had a 10% NSC rating for HBP.

The decision contained 3 CUEs that have been resolved.But I looked at the rating one day, because of a different issue, and realised they had never properly awarded the 10% under 1151.

I filed CUE in Sept 2012. The CUE was denied in March 2015, and then I asked them to CUE themselves under 38 CFR 4.6. 

They reversed and awarded in April 2015.( under 1151 ,38 USC)

When a past rated NSC disability (with a rating at least at 10 %, )becomes a SC rating at some future point,or an "as if" SC 1151 rating ,it is as likely as not, , that a successful CUE can recover the retro. However that too depends on many factors-

10% NSC to 10% SC is one thing-

A 10% past NSC that becomes a higher SC level could involve a Fenderson staged rating and that type of CUE can be more detailed.

Fenderson is searchable here.

 

 

Edited August 20, 2018 by Berta

[Berta]

This is a Fenderson CUE award: