Confused about Appealed Compensation occurring after 100%

[Leon2015]

I'm currently 90% and I just won a long appeal. I'm confused on the compensation because one dates comes after a date where I wouldve been 100%. How do they compensate a won claim and the claimant is already 100%. Please below

Currently 90% and won my appeal today:

Appeal won today and effective: 10/23/2007

30% Cervical DDD

20% Right Upper Radiculopathy (Minor to cervical DDD above)

Above appeal won today added with 70%PTSD put me over 100%

70% PTSD effective date 1/22/14    My PTSD on1/22/14 is the past date that gives me over 100% P&T based on my the appeals I won today, so how does compensation work for the Sleep Apnea below because it came after 1/22/14 in which I was already 100%

Sleep Apnea appeal won today and effective date: 03/24/2014 (How do they compensate for me this, the effective date occurred after I was already 100%P&T

50% Sleep Apnea

 

 

Edited September 4, 2018 by Leon2015

[Reddit]

Start with what percentage you were in 2007.  Then calculate what the percentage is with the rating from appeal that was awarded.

if your rating is higher now in 2007, subtract the difference in amount they paid you. then continue until you get to 2018

[Leon2015]

I done that already, my specific question is about the Sleep Apnea effective date which come after my effective 100% 1/22/14, how will they handle the compensation for the Sleep Apnea?

[Buck52]

I believe they pay the adjustment  but if you were already getting 100% from  1-22-14

An adjustment will not be needed?

However with these newer ratings rating of 50% Sleep Apnea Rated at 50% you would still be at 100%  

If you were 90% before these  new ratings of  30%for  20% Right Upper Radiculopathy (Minor to cervical DDD above) I believe that would be pyramiding so you actually only get the 30%   so your still back to the 100%  

Now with this 70% PTSD Rating  that will put you in the  criteria for the SMC S. Which you should get a Mandatory Rating  because you met the SMC Criteria for have a separate and distink disability at 60% or higher for the SMC S  which is about 348.00extra added to your 100% rating   which this will make you a 100% final degree in your Rating.

I don't think the 50% for the sleep Apnea is enough to get you to the required 160%plus to meet the SMC Criteria.

It depends how they rating the 20% and the 20%  if that is consider Pyramiding  then they will go with the higher %which is the 30% and the 20% will be 20% but no compensation for it.

I could not be calculating correct  so maybe others can chime in

Edited September 4, 2018 by Buck52

[Leon2015]

Buck thanks for chiming in, I'm still sitting at 90% as we speak....but my newly won APPEALS ratings for 20%, 30% (effective date 10/23/07) and Sleep Apnea 50% (effective date 03/24/14) should give me 100% P&T soon based on Ebennies. My PTSD 70% was awarded 2014, but with those back dated effective dates above, I shouldve had 100% the day of the PTSD was awarded in 2014 but I had the above items in appeal.

 

Do I need to apply for SMC S or will it be awarded automatically?

**The Sleep Apnea effective date comes after the date I reached 100%P&T(1/22/14 but based on my newly won back dated appeals above)

Edited September 4, 2018 by Leon2015

[Buck52]

Bassicly this  will get you the SMC S for your over all rating...but I could be wrong here  some of the other elder members that's a lot smarter than Me can Chime In

I know when a Veteran is 90%  it take another 50% to boost him up to the 100%   

So even if you were 100% with all these other newer ratings  you should meet the SMC Criteria  and depending on How server your disabiliy's are ?? they should look into that for the correct SMC   anything about 60% after your rated 100% Quailfys you for the SMC  I just don't know which SMC you would qualify for  but you would Qualify for the SMC S with that 70% PTSD  Rating.

if you should have been 100% from 10/23 /07  they should pay you the difference from that date  you need to file a claim for the correct EED for that..unless they catch it??

...  so now with your win on the 70% for the PTSD that should Qualify you for the SMC S  ..

.The rater is required to give you the SMC S It's a Mandatory Rating , but some times they don't  so you need to wait until you get your packet in and look on the reasons and bases of your decision  or (What We Decided)  hopefully they will send you the rating Sheet  with the rating codes   but they might not? you can request this Rating sheet if they don't send it.

I see this as it will put you up to the 100% final degree rating with SMC S.

[Leon2015]

Understood. I'll update my post after packet comes in. Thanks