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
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 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

  • 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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
Sign in to follow this  
Johhny_Drama

Rating Question

Question

I have a question on a rating question and how it would work backpay wise if you are awarded for a long overdue SC disability.

I have 2 disabilities that are considered service connected however 1 is rated at 0 and the other I am trying to obtain an increase on. At the time of appeal I was at 40 percent total rating. I am now at 70 percent however I plan on appealing the 2 again and this time I have several medical records including completed DMQs from the doctor and I pretty much followed what the BME was telling me. I was lacking enough information in order to get awarded so I made sure to do that that all said. Now as I plan on appealing and the total time is around 2 years or 2.5 years how will this all work? Basically IF they decided to finally rate me for the 2 or increase both disabilities would this go back to when I originally appealed? before I appealed? what rating will they look at? I am 70 now but was only rated 40 when it started (actually 20) but yea that is where i am confused. I heard they would treat this as the rating i had when i started this appeal and they would backpay from the 2 years or however many years. I just wanted  to know if anyone else has been in this situation.

 

Thank you all
!

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

There are several considerations.  If the VA did it the way we would appreciate your rating would be backdated to your appeal date, or your original filing date.  The VA has a way around this though, they can claim that your condition rated the new rating as of your last C&P.  This is how they put us over a barrel and we need to appeal an EED.  I am currently doing this on an SMC claim.

I know you would like to plan this but we just need to wait for the BBE before we know.

Share this post


Link to post
Share on other sites

Ad

  • 0

Many of us have been in that situation.  We cant tell without reading your file when your effective date will be.  

Your effective date is the later of "the date you applied" or the facts found, which is the date the doc said you became disabled.  There are some special considerations for an increase.  

Effective date rules are complex; they are below, and you can read your file and determine what your effective date is:

https://www.law.cornell.edu/uscode/text/38/5110#

Share this post


Link to post
Share on other sites
  • 0

Most importantly  you need to file the EED Appeal as soon as you know Your EED!!

If you get a low ball rating with it....I would go by when I first filed...of course unless you have medical records from a qualified Dr stating when your condition/disability 1st arose ?

  ESPECIALLY if that date is the latter Date. then go by that date    if you have medical records as evidence to support this  use the 1st arose Date.

Don't let them horn-snaggle ya. and do not let your Appeal run out..so watch that too!

Share this post


Link to post
Share on other sites
  • 0

I am confused on the EED date? Ok so my appeal went through RAMP process and the appeal items were from when I got out. They were considered service connected and just either low rating and 1 was a 0 rating. When I appealed, my overall rating was a 40 percent. So from the time I appealed it was around 16 -20 months of appeal and then RAMP process and denial. The denial came back September of this year or so. Since then I had claim that took a total of 4 months and was awarded and my rating is now 70.

I plan on submitting my new evidence as I had my doctor complete a DMQ that pretty much checks off all of the boxes from what the BBE was stating that I lacked and now I have that. I was told ( even though we are told several different things) that they would go back to when i first appealed/or filed for increase on the items. Even though my rating is 70, they would go back to what the rating was back then.

 

So based off the replies, do I just appeal with my new evidence? Do i need to submit additional docs ? I don't even know the term EED?

Share this post


Link to post
Share on other sites
  • 0

EED is earlier effective date.  If you believe you were not given the correct effective date you can appeal this with more evidence.  If you have more evidence that is great or you can just appeal and hope the BVA decides that your EED claim is valid with the evidence available.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Our picks

    • 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/
      • 6 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. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 2 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • 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/
      • 6 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. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 2 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
×

Important Information

{terms] and Guidelines