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

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deedub75

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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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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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