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retro pay question


johnsctt78

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hi guys  thank you for all the help

i have a retro pay question,i was awarded an increase on my existing va compensation,i went from 50 to 80 percent,it is showing a effective date of 3/10/2019 with the award,my question is if the retro pay increase starts from the effective date of 3/10/2019?,my claim closed over the weekend and ebenefits is already showing my new award percentage.just trying to figure out my retro amount.   

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If I'm not badly mistaken, your first payment at this new rating should be effective last week on May 1.  VA Comp doesn't pay for a partial month, so you won't get paid anything for March.  So, if they didn't pay you at the new rate last week, they apparently owe you one month, April.  Congrats on your new rating.

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I agree with Acesup.  Your compensation will begin the first day of the month following the effective date.  

Comp is paid "in arrears" not in advance.  So, your first payday is May 1.  

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On 5/7/2019 at 11:05 AM, johnsctt78 said:

50 to 80 percent,it is showing a effective date of 3/10/2019 with the award,

@johnsctt78

The 3/2019 date is definitely retro pay. but it will only be for April and May. They wont pay for the partial month of March.

Did they grant you TD/IU? Did you apply?

If you are in hardship, then that may be the best thing for you and you might consider SSDI and or SSI. At 100% pay TDIU pays a single person 3K. SSDI at 100% is likely to pay you about the same depending on your work history and zipcode. Both are protected incomes but you would have limits on how much other money you can earn.

Whether you asked or not, to see if they granted you TDIU go to Ebennies and Letters.

If there is a Commissary letter showing generate it.

The existence of the commissary letter indicates a 100% rating for both TDIU and Schedular ratings.

It will tell you that you can use the commissary and give you a date to renew the ID card. That date corresponds to your next review. If the Commissary letter does not have a date to renew the ID card then you are P&T.

This letter generates long before the BBE comes or and back pay.

         
         
         
         
         
         
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hello geekysquid

i did not apply for TD/IU  i thought that at least one disability had to be at least 70 percent,below is attached a copy of my disabilitys in ebennies,in reading i see if at least one dis is 40 percent for tdiu i could apply?I had to leave the workforce last august and just retire out with whatever i had for  my yrs retirement from working for the gov because my knees and lower back could not let me perform my job as a Mason,could not stand or go on ladders and lift anything anymore without great pain,walking or standing for over 5 min etc really effected me.do i need to wait to apply for the TDIU since my case just closed on the 6th,i did recieve retro pay  today for just the month of april.please look at  my new rating in the attachment and see if im eligible to apply for tdiu, thanx guys for the help

va new rating.png

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Please read this link carefully:

https://www.va.gov/disability/eligibility/special-claims/unemployability/

It is quite possible, in my opinion, that the VA should have considered you for TDIU-

The actual decision will show if they did or didnt and could be the basis for a potential CUE.

I see you are a New Yorker like me.

Do you deal with Buffalo RO?

Reason I ask is that I do and have never received a proper decision right off the bat.

It is not always necessary for a veteran to formally apply for TDIU when the medical evidence and ratings suggest that they should infer it.  The TDIU regs are here under a search.

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Forgot to ask- have you applied for SSDI?

If SSDI grants you solely for your established SC disabilities, and VA is aware of the SSA/SSDI  findings ,  that is excellent evidence for TDIU.

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hi Berta

im in the hudson valley area and my RO is in NYC ,should i wait and see the paperwork when it hits my house to any ref to TDIU

i did not apply yet for ssdi, i just retired out of work in the VA as a Mason last august and i have not been able to work at all, the knees and back prevent me from doing

any masonary work.standing walking a distance etc.

Edited by johnsctt78 (see edit history)
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It would be great if ,when you get the decision, that you could scan and attach it here- Cover your C file # and name prior to scanning it.

 

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Go to ebenefits and look under payments.

They could have the deposit amounts.

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I will  do Berta,shoud  have it any day,the case was closed last sunday,i already got the retro in the bank,only a months retro but still something

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4 hours ago, johnsctt78 said:

i did not apply for TD/IU

@johnsctt78

Glad you got the back pay.  @Berta as usual is correct. Read that link! You may have a possible CUE.

Your right knee being 40%, and the total reaching 80% should, but may not have, triggered the VA rate builder to have them consider TDIU.

There is a lot here on TDIU, however Attorney Chris Attig, who posts here and is a friend of Hadit, has a blog called Veterans Law Blog. I highly recommend you look at his site, if you can afford it, join.

somethings to consider:

I noticed you used the word "retired" from the VA. Are you actually getting a retirement check? is it a full retirement benefit? there are complexities with that word even though the VA is not supposed to consider your age for TDIU.

You are going to want to get a Voc Rehab opinion that you cannot work and retraining is not appropriate. This can be tricky in that the VA has some issues with the concept of 'marginal employment' and what it means to be able to do sedentary jobs. If you can afford to pay for an outside opinion that is fine just research and make sure they have the appropriate credentials and experience to do that job. They need to conform to VA written statement forms in their written opinion. Just saying hi, he can't stand up, will not cut it for TDIU.

There are two main forks you can choose when speaking to the Voc Rehab people.

If you want an new career, say being a stock broker, lawyer, or programmer. There are educational benefits that you could receive for education if approved. 48 months of Stipend and all Tuition paid. You can even go from High School Grad to a Masters Degree if you fight them hard enough. you can get a JD or MD even. There is a VA attorney advocate Ben Krause who runs another vets blog who not only got Voc Rehab once and got a degree, he managed to do it twice and get his Law degree.

you will have to fight for that. If you choose that path PM me I can tell you a few things that might help you.

The other path is to convince VocRehab that you are not a good candidate for even sedentary jobs like answering the phone. This would need them to learn things like that for you sitting, standing, walking and laying down are all constantly painful. That you cannot focus for long time on simple tasks.

Be clear here I am NOT telling you to lie or make it up. I am telling you that if these type things are true that you need to make sure they are documented!

in bolstering that situation you would need medical records showing pain management and pain related complaints. complaints about standing, sitting, walking, and laying down.

Proper buddy statements saying things like you walk ten steps and have to rest. That sitting playing cards is impossible.

Getting your bosses and coworkers to write letters saying what they witnessed about you not being able to do your job because of the pain and problems is good evidence if done right.

@Berta is right to ask if you have applied for SSDI or SSI and was it granted? that is powerful support for the VA.

Good Luck and keep us posted

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will do geeksquid

yes it is just what i could get from the va, i retired before age 63 and had to just retire with 29 yrs, i could not do any masonary work or go up stairs or get on ladders etc,if i tried i would be on rest for at least 2-3 days afterwards to get the sweeling etc back to normal,everyone at work knows completly about my service disability and always stepped in to  help.i did decide to just retire out last august before i was subject to any negitive actions at work,ive seen over the yrs what happens to disabled workers working in the vet admin and i did not want the dogs on me

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2 hours ago, Fat said:

They could have the deposit amounts.

@Fat

just to be clear, payments only appear there AFTER they have been issued by Treasury. It is a following indicator not a leading one as you should already have that money in your account.

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"i did decide to just retire out last august before i was subject to any negitive actions at work,ive seen over the yrs what happens to disabled workers working in the vet admin and i did not want the dogs on me"

yeah I could write a book on that.

When I FTCAed them for wrongful death, the malpractice on my husband began as soon as he started working there. They almost killed his buddy there too, another Vietnam Vet- the going scuttlebutt at this VA, was ' are they planning to kill all us Vietnam Vets in the same department my husband and his friend worked in.'

Luckily his friend is still living  and I got him 100% P & T under 1151.

I found a motive for the malpractice- motive is not needed for FTCA, but I know why they did it.

 
Edited by Berta (see edit history)
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27 minutes ago, johnsctt78 said:

i did decide to just retire out last august before i was subject to any negitive actions at work,ive seen over the yrs what happens to disabled workers working in the vet admin and i did not want the dogs on me

@johnsctt78

choices like this, while the natural thing for a responsible person to make, can create problems for veterans seeking compensation. Assuming that the route you choose is TDIU with all its restrictions, then make sure you get a lot of strong lay evidence from your former coworkers.

Again I suggest Veterans Law Blog on the issue of how to create strong Lay Evidence from an accredited VA attorney.

Your med records need to show complaints for pain and increasing frequency of complaints. and IMO/IME would benefit you if you can afford it. Just make sure it has the magic words that VA wants from the DBQs.

Please keep us informed.

Good luck

 

 

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38 minutes ago, johnsctt78 said:

yes my retirement pension is far from what it would have been if i did full retirement age with the VA.

this implies support that you left work for reasons besides "retirement" and with lay and medical documentation it will support the "need" to leave work for medical reasons.

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