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Retroactive for temporary 100% claimed after earlier effective dates granted.


deedub75
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Question

Back in August 2020, my HLR asking for earlier effective dates for several disabilities were granted. Some of these effective dates went all the way back to 2010, so I got a nice chunk of retroactive pay. I had back surgery in 2014, a left ankle surgery in 2015, and a revision surgery in 2016 from the left ankle surgery. Since I was not service connected for any of these disabilities at the time of the surgeries, I did not claim temporary 100%. They all ended up in the appeals process and were finally granted with effective dates well before the surgeries.

I just submitted new claims for temporary 100% for all 3 of these surgeries on December 15, 2020, and I see that the VA has already ordered exams. There are plenty of recent exams that they could go on from March 2020 when I had exams for these so they could be rated. 

I was just wondering if anyone had done this before. I would probably get a couple thousand dollars if all 3 are approved. That first left foot surgery was a long recover with a cast and a boot for several months.  

 

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So they sometimes order these to just review the records and do not need to see you.  Just got to wait and see what they are asking for.  

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They're going to do what they're going to do.  You've put in the claims, now; so you just have to let them follow their process to get them done.  I just had to go to a C&P on Friday for a claim I'd put in back in October as a secondary to Cervical Strain (for Radiculopathy claimed as CTS Symptoms).  They literally just rated me on the Cervical Strain back in September.  I didn't realize the CTS I'd been diagnosed with could be associated to the Cervical Strain and present "as CTS" (mis-diagnosed/overlapping).  So, I submitted the claim after getting SC'd on Cervical Strain.  I wasn't at 100% yet.  Literally got to 100% by a grant on an HLR the week before the C&P for the CTS claim...found out they wanted to re-evaluate the Cervical Strain in the C&P.  I literally wanted to just walk out and say...just forget I claimed it...don't mess with the claim...leave it as it is.  But you know that isn't how that works.

Makes me nervous as hell.  (which is sort-of what I think you're worried about here) Now, I'm waiting on the claim to process though the VES doc said she couldn't imagine how they would make it "less" since she was entering the CTS symptoms as and additional diagnosis on the original Cervical Strain due to radiculopathy on both sides.  I just laughed and told her...I hear you...but I also know the VA.  LOL  We'll see.  I literally just want to be left alone now.  Just finish the claim, and I'll fade in to the abyss.  LOL

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Oh, I’m not worried about it. I was already 100% P&T before these claims were granted. Plus, they were rated in March 2020 as being in pretty bad shape and this was 6 years after the surgeries. 

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4 minutes ago, deedub75 said:

Oh, I’m not worried about it. I was already 100% P&T before these claims were granted. Plus, they were rated in March 2020 as being in pretty bad shape and this was 6 years after the surgeries. 

Then I'd just let them check their boxes so you can get what you're rightfully due.  😉 

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Well, my claims for retroactive temporary 100% were granted! I had left ankle surgeries in 2015 and 2016 but I wasn't service connected for my left ankle at that time but my claim for left ankle was in the appeals process. Service connection was finally granted in 2020 with and effective date of June 20, 2012.  So, I filed claims asking for temporary 100% for each surgery which entitled me to SMC-S for my recovery time and they gave me 3 months for each surgery.  

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Congratulations!  I have to admit, Im rather suprised you got a good result.  Was this BVA/HLR/Supplemental claim? 

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1 hour ago, broncovet said:

Congratulations!  I have to admit, Im rather suprised you got a good result.  Was this BVA/HLR/Supplemental claim? 

Thanks broncovet! 

I had never filed for these before so they were new claims. What happened is that I filed for my left ankle in 2010 and the claim was ultimately denied. I went through all of the appeals processes and it was remanded by the BVA. I opted into RAMP with a supplemental claim and a nexus letter from my orthopedic surgeon and the claim was ultimately approved in 2020 but with the incorrect effective date. I immediately filed an HLR to correct the effective date and they corrected the date back to 2010. 

I had surgeries in 2015 and 2016 on the left ankle but since I wasn't service connected for my, I did not file for temporary 100%. I could have filed for it then but it would have been denied and then I would have had to put them in the appeals process as well so I just decided to wait for my original left ankle claim to be granted. 

Once my left ankle claim was granted, I had one year from the date of the grant (not the effective) date to file for an increase. A temporary 100% claim is processed as a request for an increase.  

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