back pay

[Ken Dillon]

Good day all,  I have a question for you, BVA granted my claim in Feb 2020 for degenerative disc disease. In July of 2020 I went and had Lumbar Fusion from L4 to S1. I put in a claim to increase my rate because

                        my conditions have gotten worst. I put in for 100 percent temporary for recouping from surgery. I also put in for increase in Lumbar degenerative disease, for scar from surgery, and last for Rt leg 

                        Radiculopathy. Now my question is if these are granted, would back pay go back to Feb, 2002 or July 2020 when I applied?  Currently I am 20 percent Lumbar disc disease, 10 percent Radiculopathy,

                        0 percent for scar.  Thanks for your input.

        

[GBArmy]

Ken July would be the EED for all, IMHO.

[armyvetmom3]

Your back pay will be from the time you submitted the most current claim.  Although, the temporary will start from right after your surgery.  I don't know how long this will last because I haven't had back surgery.  I have had knee replacement surgery and that temporary 100% lasts for 13 months.  Then they go back and do a new exam and determine how much you permanent for that particular disability is and add that to your combined disability, (using VA math of course).

 

[broncovet]

Your effective date is the later of the facts found (the date the doc said you were disabled) and the date of application, WITH SOME EXCEPTIONS.  

One exception is in the case of an increase.  You can read for yourself if you meet any of the exceptions, such as if you applied within a year of exit from service.  

https://www.law.cornell.edu/uscode/text/38/5110

For increase, this is what it 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.

 

 

[cwatson]

I agree with everyone except I read that we could receive only twelve months of 100% temporary benefits then it will reduce down to 50% regardless of how well things turn out because especially with fusion, one will be limited in bending. Fusion in L5-S1 is the worse there can be as it is the connection between the vertebrae and the sacrum especially if caused by an injury.

If there are no other worsening cases with your other issues then nothing will change.

[broncovet]

Yes, if its a temporary, (convalescent) rating those only last 12 months. 

[Rattler]

On 10/25/2020 at 2:38 PM, cwatson said:

I agree with everyone except I read that we could receive only twelve months of 100% temporary benefits then it will reduce down to 50% regardless of how well things turn out because especially with fusion, one will be limited in bending. Fusion in L5-S1 is the worse there can be as it is the connection between the vertebrae and the sacrum especially if caused by an injury.

If there are no other worsening cases with your other issues then nothing will change.

I have read the same thing as above when it comes to Knee surgery (Knees are  one of my problems-no surgery yet I am 4 years over do)