Retroactive Pay Question

[rk4435]

Basic timeline;

October 2018 Radiculapothy Reduced to 0% from 10%.  (I was too dumb to know to appeal)

April 2019 I did an intent to file but did not submit the claim. (Believe it or not I had a good reason to wait)

October 2019 completed intent to file for rating increase for the 0% rating.

November 2019 C&P completed and the examiner note says Incomplete Paralysis / Moderately Severe.

 

I understand that this should lead to an increase in the rating.  Would the effective date be the April intent to file, October filing, or exam date in November?  It will lead to an increase to the next payment level according to multiple calculators.

[broncovet]

Its difficult to appeal when you dont have a reasons and bases.  At they BVA level, an inadequate or no reasons and bases appeal pretty much always results in a remand from the CAVC.   Then, the remand can lead to an award, provided that you provide an IMO "fixing" the problem, that is, refuting their reasons and bases.  

At this point, you have to wait for the envelope, then decide whether to appeal that decision.  

Edited December 3, 2019 by broncovet

[Buck52]

9 hours ago, rk4435 said:

I did not find a "Reasons and Basis" heading in the letter.  It simply stated that the condition had improved. 

Nonetheless, today it went from a completion date of late January 2020 to a completion date next week as it moved into the Preparation for Notification stage today.  I guess I'll have answers soon enough.  I come back and post what they did with the effective date.

Reason and Bases is not on the header..its usually at the bottom or 3/4 down in the award or denial letter.

  you need to look more closer.  it should be on one of the pages in your denial letter but its usually on down close to the bottom.

your EED should be the date you filed the ITF.

Edited December 3, 2019 by Buck52

[rk4435]

Update, claim closed with an effective date of October 6th rather than my intent to file.  I'm not sure if I should in any way fight that because it pushed me to 100% P&T.  Seems like something too big to risk over a few months of retro back to April. 

However, I learned a valuable lesson.  I had the EMG in May and should have reopened it at that point.