Back Pay Question

[pyrotaz]

Attempting to figure how ratings work when it comes to back pay. Chatted with a few vets and go 2 different answers.

Example: Say at the moment I am 60% SC (a 10% and 50% rounded to 60%,) I submitted a claim that has been going on about 16 months and then they approve me another 50% which when rounded brings me to 80%.

One vet says I receive the 50%  back for the 16 months Example using todays married rates: 50% which is $1795.80 x 15 months which is $26,712 give or take a little

The other vet says I get the difference between the 2 example. Total new 80%- old 20" which would be roughly $4,500.32

Nobody can give me a real answer

[brokensoldier244th]

Where did 50% come from? You get the difference between your old rating and your new rating, so, if you went from 50 to 80, the difference is the difference between your old amount and your new amount times X months.  You don't get paid for the first month (the effective month) of an award. Its based on your total disability rating, not the individual ratings. 

 

 

Edited March 23, 2020 by brokensoldier244th

[broncovet]

I agree with broken soldier, but will add:

1.  We dont know what your effective date will be, and you wont know that until you get the decision.  Your effective date is the later of the "facts found" or date you applied, with some exceptions, especially the one I noted below.    We dont know when your doctor said your condition worsened, and to what degree.  But, there are some special effective date rules for increase, that "may" benefit you as much as a years worth of retro.  

From these regulations, here, there is one which applies to an increase:  https://www.law.cornell.edu/uscode/text/38/5110

Specifically number 3, in the regulation above, says:

Quote

(3)

The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.

(4)

Well, since we dont know what "the earliest date as of which it is ascertainable that an increase in disability had occurred", we dont know what your effective date will be.  You can review your records and maybe figure that out, we can not.  

As Broken Soldier said, begin with your effective date, then look on your number of dependents, and subtract each month what you were already paid.  You have to do that again for each month.  You can try the calculator at CCK law, if you like:

https://cck-law.com/va-disability-retro-calculator/

   However, again, we dont know what your effective date will be, because we dont know when the doctor said you met the critieria for an increase, because we have not read your file.  

[Buck52]

 

 

You should get the 16 months on the 50% .and from then on you should be paid for the 80%rating.

quote ''Example: Say at the moment I am 60% SC (a 10% and 50% rounded to 60%,) I submitted a claim that has been going on about 16 months and then they approve me another 50% which when rounded brings me to 80%''

you can't be paid twice for a rating  say yout 10%%50%=to the 60%  you should have already been paid for that  60%?

if this is just a 50%increase  and they paid you for the 60% up to current date  then all you will get paid is for the 16 months  50%for the increase  if it raises the level of pay to 80% then they should start paying you for the 80% next month

This Sh*** gets totally confusing  my friend.

Broncovet post would be more accurate  (jmo)

Edited March 23, 2020 by Buck52

[Guest]

The simplest answer is you will have to wait for your decision.  There are too many variables to try to figure out.  Based on your post what would happen is VA would recalculate your combined rating which would breakdown to:   50% + 50% = 75 + 10% = 78% and VA would round up to a combined total of 80%. Now VA would pay the difference minus the effective month, you would be entitled to the difference of each month and yearly increases.  Yes, it is very complicated with all the unknowns.  Now to throw a wrench in everyone's thinking, if you are not working and you informed VA that you are not working, VA should consider TDIU. If you filed a TDIU form then that would have to be considered also.

[Buck52]

Good catch Pete992  Never thought about the IU

File VA Form 21-8940

Edited March 23, 2020 by Buck52