Backpay after a TDIU award?

[allansc2005]

Afternoon folks, hope everything is going well.

 

In June 2016 I was awarded TDIU P&T. I'm 90% Scheduler.

 

Currently, I am asking for an increase for Hearing Loss, Right Ear-0%,  Bilateral Otitis Media, and Chronic Right Mastoiditis-10%, and Vertigo-30%.

Both the Bilateral Otitis Media and the Hearing Loss date back to 11/20/1990, and the Vertigo dates back to 03/18/2010.

 

Already had my C&P exams for all the above, and have buddy statements, medical statements and records(Both VA and private doctors)..all submitted.

The VERBAL results from the 2 C&P exams were given to me the date of the exams, and there is no doubt ALL the conditions I listed have gotten worse.

Percentages aside, is there any backpay that would be due, giving the information I provided above?

This information is from the latest Rated Disabilities as reported on my Ebenefits page.

 

Thanks,

Allan 2-2-0 HUAH!

 

 

 

 

 

 

 

 

 

 

[GBArmy]

Allan IMO, no. Based on what you said, no back pay. It would be from the date of the newly submitted claim.

[allansc2005]

@GBArmy,

I may very well have submitted  claims for increases after the 1990/2010 dates, and was denied.

 

Would have to take a LONG look-see.

One would think that the latest information on Ebenefits would reflect ALL increase requests?

 

Allan

2-2-0 HUAH!

 

 

[GBArmy]

Allan, One would think anything the VA does is accurate, but...NOT. Especially when it comes to dates. They make mistakes.  But in any case, check your files. If you did resubmit and there was a break in the continuous chain, the clock is reset. Might be what happened.

[allansc2005]

@GBArmy,

 

Thanks for the info.

 

Allan 2-2-0 HUAH!

[broncovet]

Effective date rules are complex, and I would not make a judgement on what you posted.  

For example, did you apply within a year of service?

Was there anything in your 1990-2019 that could be construed as "new and material evidence" to reopen a claim?  

But, I agree, STRICTLY based on what you posted, its not likely to generate retro.  

But I doubt you have your cfile memorized (I dont), so reviewing it is in order to SEE if maybe you have inferred claims, informal claims, claims for increase, etc. that have not been adjuticated.  (VA does that a lot.  The Vet applies for benefits and the vA never adjuticates it, and that often counts as deemed denied.  But, you can go after them on that) 

[Buck52]

Well how about his hearing loss  claim? 

he was service connected for his hearing back in 1990 at 0%  but that's good....now he files a claim for increase on his hearing loss  back dated to 1990

I think he should get retro from that date on his hearing loss  was service connected depending on what they give him a rating for for his hearing loss?

..I had thought it would be the date he first filed for the increase  but he should get it back to when they 1st service connected it @0%  This would be an OPEN CLAIM  even if he had to file the increase as a reopen claim, had they not SERVICE CONNECTED  IT then no they won't go back to 1990 the date he was service connected...it got worse if they give him a rating   and if its 50% then thats what they need to make adjustments on  form what he has been paid..I don't know how they do that? with his other 190% comp thats been paid to him? or the 90%combined  depending on the dates that was applied?  for how long IDK?  each award date will be adjusted to fit his retro to what he has been paid

And Since he has been paid COMPENSATION  they will make adjustments to the retro..but does that count with his hearing loss claim? IDK?

I mean 50% for hearing loss dated back 30 years  thats not a small hunk of change  even with his Adjustments.

and also if he gets 50% on hearing loss that should boost him up to the SMC's  IF HIS COMBIED RATINGS TOTAL TO BE 100% PLUSANOTHER 60%.

.KEEP IN MIND THESE RATINGS CAN BE COMBINED TO MAKE THE BEST POSSIBLE RATING AS HIS BENEFITS. TO BE PAID OUT TO HIM.

What you think Broncovet  GB Army..Richard1954..

I could be all wrong on this  because I am confused as to what he has ...>BEEN RATING FOR AND HOW MUCH HE HAS BEEN PAID  THE DATES ESPECIALLY?

 

btw, .anyone seen Geekysquid? Lately???

Edited December 4, 2019 by Buck52