P&T: End of retro?

[allansc2005]

Afternoon folks from sunny Palm Beach,

 

Permanent and Total, aka P&T, has been a subject of much debate,  yet it's association with retro "back pay"  doesn't seem to come up that often.

 

Scenario: Got a veteran who was awarded TDIU P&T for a hodgepodge of conditions back in 2015. She received a sizeable amount of retro, including for hearing, tinnitus,  perforated ear..

 

Her ear and hearing problems have since worsened, she filed a claim for increase and was given a C&P exam. She finally got a copy of the C&P exam results, had her ENT doctor interpret it, and he told her "No doubt, you ear, vertigo and hearing conditions have gotten worse..."(paraphrasing).

 

Questions:

1. Is she correct in assuming she has a case for retro?

2. At what point(dates) would her retro begin?

 

Allan 2-2-0 HUAH!

[GBArmy]

Allan I don't see how she can get more back pay unless she appeals within a year of award. I don't know what her s-c disabilities add up tp prior to getting the tdiu, but I doubt that the conditions you are talking about even with increases could add up to the tdiu 100% payment, so assuming she keeps the tdiu she would still be paid at 100% rate anyway. What am I missing? That said, any increase would be at the time she put in for the increase, or the date they diagnosed it. So, no retro IMO

[allansc2005]

@GBArmy,

 

Ironically, much of her claims, dates...are similar to mine.

 

She's 90% SC Scheduler,  TDIU P&T  July, 2015(different than me), and here's what her C&P was for(VERY similar to mine):

This is the LATEST from her rated disabilities, and Includes what the C&P was for.

1.Bilateral otitis media and chronic right mastoiditis, 10%-effective date:  06/07/1990

2. Post operative status, perforation of the right tympanic membrane(ear drum), 0%-effective date:11/17/1989

3.Hearing loss right ear, 0%- effective 11/17/1989.

 

Oh, let me correct something from my last post, according to the veteran, none of the above listed conditions were included in her TDIU P&T rating from 2015.

She did however have other rated conditions that met the requirements for TDIU, ie; 40+% for one rating, 70+% total Scheduler rating.., and so fourth.

 

Now GB brother, figure this one out! HA!

 

I think it's got bronco, Buck, myself.., and a few others stumped!

 

Allan 2-2-0 HUAH!

 

 

 

 

 

 

Edited December 16, 2019 by allansc2005

[GBArmy]

Allan

Making a few assumptions, if she is at 90% scheduler, we know it is really difficult to get to 95% or 100%. If she could pick up two 30% disability ratings, I think she could get there (95.7%) If she is s-c for tinnitus but at o% it must be that here ear conditions have it rolled up in it and they don't want pyrimiding. Otherwise, it would be rated 10%. An additional 10% won't make any difference in her total combined rating however. If she has dizziness, and she would know, peripheral vestibular disorder does rate out at 30%. Not saying she has the condition, but IF she did, that would be a positive step towards 100%. Getting increases in hearing by itself is pretty hard to jump from 0 to 30%. If the numbers show it, of course, then get it upgraded. I would suspect it would be really hard to prove the VA mis read the data on her hearing test that bad back in 2015 to get the increase and then fight the EED. Possible, but not very likely, IMO.

[allansc2005]

@GBArmy,

 

It was revealed at her C&P exam that she does have tinnitus.

In the area of ears, hearing problems, vertigo.., there is a graduated % scale that ranges from 30%, 60% and 100% respectively, and after reading her DBQ's,  one C&P examiner said she had "Moderate to severe hearing loss in BOTH ears, and the other examiner stated "significant DAILY vertigo with episodes of staggering.. perforated ear drum still present.."

Using the "VA Math" scale, she's currently at 89.66..%, rounded up to 90%, so my best guess is given the above C&P results, she will be 100% Scheduler real soon.

Now as far as back pay/retro, I've had a million guesses here on hadit.com, ranging from "pocket change" back to 2015, up to 100K+ dating back to her 0% ratings going back as far as 1989, none of which were included in her TDIU from 2015.

My whole-ball-of-wax guess here, AKA S.W.A.G.=Scientific Wild Ass Guess would be: 1. 100% Scheduler with SMC(s). 2.  Retro pay at 60% back to 1989 for the hearing. 3. Retro pay for the perforated ear drum 30% back to 1989.  4. Retro pay for vertigo at 100% back to 2015.

One attorney who visits here quite often had a look at the veteran's past Disabilities, percentages, monetary awards.., and so fourth, and emailed me saying "160K retro, SMC (s).."

I'm somewhere in that ballpark with my best guess.

 

So there you have it Camp Hovey man, what's your best guess?

Allan 2-2-0 HUAH!

 

 

 

 

 

 

 

 

 

[deltaj]

SMC (s) stands for Special Monthly Compensation Schedule S which is available when a veteran has a 100 percent service-connected rating and additional service-connected disabilities equal to 60 percent or greater.  V.A. could fight this tooth and nail so get help on this.