Jump to content
HadIt.com Anniversary 24 years on Jan 20, 2021 ×


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    11%
    $175.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Anniversary 24 years on Jan 20, 2021

Question

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.

        

Link to post
Share on other sites
  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

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

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.  Yo

Recommended Posts

  • 0
  • Moderator

Ken July would be the EED for all, IMHO.

Link to post
Share on other sites
  • 0

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).

 

  • Like 1
Link to post
Share on other sites
  • 0
  • Moderator

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.

 

 

  • Like 1
Link to post
Share on other sites
  • 0

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.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By Ken Dillon
      Sept I went for C@P exam of my lower back, I had fusion done to me from L4 to S1. While I was at exam I had back brace on, and I was 10 weeks out of surgery. The doctor I had ex Air Force doc.  He did not do a range of motion test due to the fact I was 10 weeks post op. Will this effect my rating? Before this I had a rating of 20 percent Lumbar, and 10 percent for each leg.  I am still really messed up, I trip a lot, and now I walk  with a limp, still have pain. I also can't move my toes or ankle very well any more, and now I have bladder problems, any ideas from anyone, or insight?
      Thank You
      Ken
    • By harry59
      Good day to all.  A little background before I get to my questions...  I am a 70% disabled veteran and was recently let go from my job as a service technician.  Admittedly, the job was hard on me because of my main disability (back condition). The owner of the company gave me a letter that stated I was "laid off" on a permanent basis.  Essentially, I was fired. I was "laid off" the day after I came back from a week off for recuperating after aggravating my back condition on the job.  I did have a doctor's note and the owner was already aware that I was a disabled vet.  During my meeting with the owner I told him that I knew he was letting me go because of my disability issues.  He said nothing.  I have a good rapport with the office manager.  She said she would add something to my "layoff" letter or possibly write a letter for me that I can have for VA purposes.  
      Now, on to my questions:
      I'm unsure as to how I should phrase the letter.  Should I just have the office manager put a sentence in my original layoff letter that states "Unfortunately, due to the nature of this position, no reasonable accommodations can be made" or "Unfortunately, due to the nature of this position and your physical limitations, no reasonable accommodations can be made?"  Or should I ask if she would type an entirely new letter for me?  If so, what should I have her write?  Would this letter hold any weight on my behalf when I go for a re-eval?
      This leads up to my second question.  The 20-year anniversary is coming up on my rating. Which means, if I'm not mistaken, that the VA cannot decrease my rating unless they can prove fraud.  Is that correct?  I'm waiting for that anniversary because frankly, I do not trust the VA. If I go before that time there's always that small chance that they could find a way to decrease my rating. And I just cannot risk that.  If my rating falls below 50% not only would I lose 20% of my VA income, but also my retirement concurrent receipt. That would be a devastating blow, and that's the main reason I'm waiting for the 20-year mark.  Should I have an organization like the American Legion or DAV work on my behalf? Or should I look at getting a disability attorney?  Not sure which is better.  I do know that a caring and knowledgeable representative is hard to find.  I do see VA disability attorneys often on YouTube but I'm not sure which one to go with. Any suggestions would be very helpful.  
      Thank you for taking the time to read my post.  All replies are very much appreciated!
       
    • By Ken Dillon
      In Sept I had c@p exam for rate increase on lower Lumbar.  On July this year I had lower lumbar fusion for 3 disc. So at the exam the Doctor looked at my scar on back, and at my legs, he did not take any reading of ROM measurements, because he stated I am not supposed to bend or twist my back. So now I wonder how the Rater will look at this,  Yes it is service connected disability. Has this ever happen to anyone else if so what's your story for insight for me.
       
      Thank you
      Ken
    • By Ken Dillon
      I was awarded 20 percent disability for Lumbar disc degeneration, and I had surgery last month for lumbar fusion, I have put in for temp 100 percent disability its been more than 30 days, so any one have any ideas how long it takes to be approved. I sent in letter from surgeon, and operation report.  Thanks Ken
       
    • By Ken Dillon
      BVA awarded my lower back injury as in service, but 3 yrs later I needed surgery for my lower back, so I place a claim for rate increase. (Lower back fusion L3-to S1)
      in this rate increase claim, will they have that same information I had in my c-file when the BVA awarded my case? Thank Ken
  • Ads

  • Our picks

    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 12 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines