5 days worth of backpay?

[cavscout1967]

Hi, today I received notification that my nephropathy rating was increased from 20% to 30% with an effective date of Sept 5 2019 which was the date I went to see the LHI doctor who examined me. Does this mean I am getting 5 days worth of back pay? I can provide more information written verbatim or pictures if needed. I just don't know what to provide to get answers. Thank you

[Buck52]

well if they used the 9-5-2019 as your effective date  then that's what they are bases your pay on & GB is right.

if you had filed for the 10%increase back in 2017  then that would be your effective date  its your option rather to disagree with this decision for your correct filing date which would be your EED.

IF YOU FILED FOR INCREASE ON THIS (THEN S.C. CONDITION) BACK IN 2017    2017 SHOULD BE YOUR FILING DATE FOR INCREASE. AND YOU NOD THEN YOU SHOULD GET THE 2017 FILING DATE

i know i am bad repeating myself  and I apologize for that.

[Buck52]

 I disagree broncovet  if his effective date is 9/5-19 he should be getting 25 days of comp on Oct 1st  calculated back to the date of 9-5-19. and getting his first payment Oct 1st

however if he filed for increase on 9-8-2017 THE DATE VA Remands don;t make any sense?  but this is actually not the date he first filed for increase  I don't know when the date he first filed for increase? 9-5-17 was when VA Remands it but it had to be before the remand (when he first filed for the increase?

so the VA is saying his effective date  is 9-5-2019  as from what he posted he says he filed for increase at a later date? we don't know what that date is? something is not right!!!!

[paulstrgn]

I had a BVA decision that was granted on 7/2/2019, it had to go to the RO to calculate the percentages of the disabilities. The percentage was 50% for SA and 0% for hypertension, this raised me from 90% to 100% overall with the effective date of 7/2/2019. I just looked at ebenefits for past payments and the payment for August was paid at the 90% and the payment for September payment was paid at 90% plus retro pay that made it 100%.  I went from $2K to $3K (I am rounded it was more) for payment.  The RO did not actually decide this until 8/23/2019. To be honest I am not sure was the retro pay for August or September after reading Buck and Broncos comments. If I was paid correctly (which I hope I wasn't) then Bronco is correct, since the effective date was 7/2/2019 (I lost retro pay for July by 1 or 2 days) and it did not take affect till the month of August I would not see that pay until September. It sucks because it seems I missed out on pay. I always thought the same as Buck but to be honest I am not sure which is correct. Needless to say I hope it's Buck...lol

Now as far as the effective date goes, the RO used the BVA decision date as the effective date instead of the original filing date of (7/15/2015). The BVA states that my appeal was based on the denial of 3/2016 which was for the original filing of SA and hypertension. I filed on 9/5/2019 a HLR for an earlier effective date and also because they rating for the hypertension is too low.

If you filed your appeal earlier and as long as everything was filed timely (within the one year time frame) then you will need to file a NOD for an earlier effective date. 

 

[cavscout1967]

Thanks all. I think I need to file a NOD then for an earlier date because basically what the VA is saying is that on Sept 5 2019 is when my nephropathy was worth 30% and I contend it should have been 30% all along. If anyone has any concrete questions they would like me to answer so that they can provide a better answer please ask. I can provide exact dates etc. Thank you

[broncovet]

Your effective date is:

The later of the date you applied or facts found.  If the doc said your increase did not occur until 5 Sept., 2019, well that would be the facts found.  

To get an earlier effective date, you would need a medical opinion that your condition got worse "before 5 Sept. 2019".

[cavscout1967]

I believe that the rating should have been 30% from the date is was first granted as a service connection as thats why I appealed it when they first granted 20%. So if thats how I feel about it then do I need to file a another NOD or can I do nothing since they said in my letter that my claim is still considered to be in the appellate status and further processing will continue unless I advise them that I am satisfied with the decision