Retroactive Pay on Open Claim

[USMCScorpio]

Hi Hadit community,

I am looking to see if anyone has had payments for a claim that is still open, gathering evidence, and still has physicals and appointments yet to complete?

I received a VACP deposit this morning a little over 2k,

Submitted claim 11/2019 - 

Completed the 1st physical appt for hearing loss in early Feb 2021.

Still have a lot of items open which have yet to be addressed on this claim.

Did see the Retro Claim payment info on the va government site and waiting on the explanation letter.

But I am at a loss because I thought you didn't get payments until a final decision was made on your claim?

Just wondering if they've just started paying what they've ruled so far while scheduling the other appointments? Or just shut it down with what looks to be 10% and not schedule any other appointments, while the site updates from open gathering evidence to 'closed and final decision'? 

Which would be odd because there are clearly items that need to be addressed with appointments yet scheduled.

Thanks all.

[pacmanx1]

GBArmy, you are correct but those multiple 0% must be considered permanent and they must interfere with normal employability.

[Carl the Engineer]

As stated before, since the OP is being compensated $$$$ already, his 0's will garner nothing.

I have seven 0's, all permanent (static),

Hamslice

 

 

Edited April 26, 2021 by Hamslice
cause I can

[Berta]

Just to add:

"Multiple Noncompensable Ratings
Some veterans may have multiple noncompensable ratings for different conditions. In some cases, veterans can receive compensation for multiple noncompensable ratings. According to 38 C.F.R. 3.324, veterans who have two or more noncompensable ratings for separate disabilities that interfere with “normal employability,” VA is supposed to apply a 10% rating."

 

https://cck-law.com/blog/noncompensable-va-ratings-what-they-are/

 

[Buck52]

I believe that can Ham

its rare but they can recieve a 10% compensation monthly rate.

When VA grants service connection for a disability, it will assign a disability rating based on the presence and severity of the veteran’s symptoms. Each disability rating is then combined using “VA math”  to determine the veteran’s combined rating.  The combined disability rating ranges from 0 to 100 percent in increments of 10 and corresponds to a compensation amount. However, it is possible for a veteran to be service connected for a disability but not receive any monthly disability compensation. This occurs when VA assigns a veteran noncompensable VA ratings

source: CCK Law Attorneys

§ 3.324 Multiple noncompensable service-connected disabilities.

Whenever a veteran is suffering from two or more separate permanent service-connected disabilities of such character as clearly to interfere with normal employability, even though none of the disabilities may be of compensable degree under the 1945 Schedule for Rating Disabilities the rating agency is authorized to apply a 10-percent rating, but not in combination with any other rating.

 

[Carl the Engineer]

"but not in combination with any other rating"

The OP already has a 10% rating.  Therefore, he can not get the 10% for 2 or more 0's.

Just sayin,

Hamslice

 

[Berta]

"10. After completing all necessary development, adjudicate the Veteran’s claims for entitlement to assignment of a 10 percent evaluation under 38 C.F.R. § 3.324, based on multiple, noncompensable, service-connected disabilities, prior to August 5, 2013, and a TDIU, in light of all pertinent evidence and legal authority."

https://www.va.gov/vetapp21/files1/21005028.txt

Prior to February 1, 2017, a 10 percent rating for multiple noncompensable service-connected disabilities pursuant to 38 C.F.R. § 3.324 is granted, subject to the law and regulations governing the award of monetary benefits. https://www.va.gov/vetapp18/files8/18127020.txt

It is a high bar to be granted 10% for multiple "0" SC disabilities ,per the regulations in 38 CFR 3.324 ,but some veterans have succeeded.

If you do a BVA search of their decisions :

at https://www.bva.va.gov/Frequently_Asked_questions.asp

go to the 'search decisions thing on the right hand side:

"find these words":  put   "0" SC ratings

"this exact word or phrase":  put 38 CFR 3.324

any of these words:

none of these words:

results per page:

 10  20  50

select/clear years below:

 2021 (9) 2020 (97) 2019 (86) 2018 (84) 2017 (41) 2016 (17) 2015 (24) 2014 (19) 2013 (24) 2012 (21) 2011 (30) 2010 (26) 2009 (66) 2008 (62) 2007 (73) 2006 (63) 2005 (69) 2004 (94) 2003 (100) 2002 (68) 2001 (115) 2000 (212) 1999 (216) 1998 (325) 1997 (347) 1996 (346) 1995 (222) 1994 (215) 1993 (219) 1992 (320)

Page 1 of 3610 results — searched 1327348

The search will show why they denied many of the claims and why they granted some of them.

 

 

Edited April 27, 2021 by Berta
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