Question

[Holllie Greene]

Hi,

Has anyone ever heard of the VA granting an appeal and increasing the percentage but not giving retro?

I know the VA can do whatever they want.

Thank you.

[GBArmy]

Hi Hollie No, I can't imagine it. The only thing I'm thinking is it is a finding on a mh condition, like PTSD. It is the date of the finding, not when submitted. So, if it were determined and adjudicated in the same month??? I donno. What is the background facts?

[Buck52]

1 hour ago, Holllie Greene said:

Hi,

Has anyone ever heard of the VA granting an appeal and increasing the percentage but not giving retro?

I know the VA can do whatever they want.

Thank you.

Who Mention This to You?

KEEP A CLOSE EYE ON YOUR AWARD PACKET (AWARD LETTER)   AND READ IT VERY CAREFULLY.

[Guest]

2 hours ago, Holllie Greene said:

Hi,

Has anyone ever heard of the VA granting an appeal and increasing the percentage but not giving retro?

I know the VA can do whatever they want.

Thank you.

"Ladies and gentlemen: the story you are about to hear is true. Only the ratings and dates have been changed to protect the innocent."

Yes, it is very possible, This is just an example: Granted 100% in 2010. In 2012 BVA grants an appeal with a new separate claim effective 2005, retro payment is paid. NOD for increase and local VARO grants it effective 2013, no retro payment due. Files a new NOD and appeal goes back to BVA and BVA grants EED to 2000 with new increased rating.  So that rating will generate a new decision with a retro payment due. So the local VARO thought they could get away with granting the increased claim with absolutely no retro. So you appeal and get a higher retro going back even further.  

 

P.S.  STOP READING MY FILE....

Edited April 4, 2020 by pete992

[Holllie Greene]

Gentlemen,

Thank you all for your info and thoughts.  Here's what happened: after filing for an increase a little over two years ago for worsening multiple sclerosis a rater decreased my neurogenic bladder.  Huh?  Really?  Seriously?  MS is a disease with no cure and only gets worse.  The bladder is affected in 90 percent of MS-ers.  I am one of those MS-ers.  The C&P was a disaster.

After a few months of soul searching (and much to my husband's concern) I filed an appeal.  Since I am rated P & T for seventeen years now some creative accounting occurred.

However, this decrease was incorrect.  Hence I filed the NOD.

A few weeks ago I checked Ebennies (having been told by everyone and their uncle it is not accurate) and much to my surprise the old percentage was back.

No BBE or BWE yet.

Of course Peggy will not say anything.  So I wait.

Ebens says my case is closed.  The hubs and I are of the opinion I will not receive anything. 

Thanks again guys. 

[Guest]

24 minutes ago, Holllie Greene said:

Thank you all for your info and thoughts.  Here's what happened: after filing for an increase a little over two years ago for worsening multiple sclerosis a rater decreased my neurogenic bladder.  Huh?  Really?  Seriously?  MS is a disease with no cure and only gets worse.  The bladder is affected in 90 percent of MS-ers.  I am one of those MS-ers.  The C&P was a disaster.

Really not sure of what's going on with your claim but I do know that it is illegal for VA to decrease a veteran's claim when the veteran files for an increase and the disability is static. Always keep in mind that VA will try anything and only get away with it, if the veteran doesn't appeal.  As you can see VA tries this a lot. Not sure if a retro is due but your rating should at least be restored.

 

 

[GBArmy]

Hollie Wait for the BBE of course. Read it carefully. If you don't get retro for the back pay request a HLR immediately. It is the quickest way and hopefully, you can get a DRO that has a brain.