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.

[Berta]

In this case the veteran had multiple "0" SC disabilities but approached the claim via CUE regarding the 1993 ratings and got a very nice chuck of retro: 

"ORDER

As the January 1993 rating decision contained CUE in assigning an initial noncompensable rating for the right knee disability, the January 5, 1993 decision is revised to a grant of a 10 percent rating for the right knee disability, effective November 19, 1992.

As the January 1993 rating decision contained CUE in assigning an initial noncompensable rating for the left knee disability, the January 5, 1993 decision is revised to a grant of a 10 percent rating for the left knee disability, effective November 19, 1992.

As the January 1993 rating decision contained CUE in assigning an initial noncompensable rating for the right shoulder disability, the January 5, 1993 decision is revised to a grant of a 10 percent rating for the right shoulder disability, effective November 19, 1992.

As the January 1993 rating decision did not contain CUE in assigning a noncompensable rating for the right finger disability, the appeal for revision based on CUE is denied.

The issue of whether CUE is present in a January 1993 rating decision that denied entitlement to a 10 percent rating based on multiple noncompensable service-connected disabilities, having been rendered moot by the grant of compensable disability ratings, is dismissed with prejudice."

He did not even need to pursue the claim under the  38 CFR 3.324 regulation, rendered moot by the BVA CUE  award.  Great work from the DAV.

 

https://www.va.gov/vetapp16/files5/1639683.txt

 

[USMCScorpio]

11 minutes ago, Berta said:

In this case the veteran had multiple "0" SC disabilities but approached the claim via CUE regarding the 1993 ratings and got a very nice chuck of retro: 

"ORDER

As the January 1993 rating decision contained CUE in assigning an initial noncompensable rating for the right knee disability, the January 5, 1993 decision is revised to a grant of a 10 percent rating for the right knee disability, effective November 19, 1992.

As the January 1993 rating decision contained CUE in assigning an initial noncompensable rating for the left knee disability, the January 5, 1993 decision is revised to a grant of a 10 percent rating for the left knee disability, effective November 19, 1992.

As the January 1993 rating decision contained CUE in assigning an initial noncompensable rating for the right shoulder disability, the January 5, 1993 decision is revised to a grant of a 10 percent rating for the right shoulder disability, effective November 19, 1992.

As the January 1993 rating decision did not contain CUE in assigning a noncompensable rating for the right finger disability, the appeal for revision based on CUE is denied.

The issue of whether CUE is present in a January 1993 rating decision that denied entitlement to a 10 percent rating based on multiple noncompensable service-connected disabilities, having been rendered moot by the grant of compensable disability ratings, is dismissed with prejudice."

He did not even need to pursue the claim under the  38 CFR 3.324 regulation, rendered moot by the BVA CUE  award.  Great work from the DAV.

 

https://www.va.gov/vetapp16/files5/1639683.txt

 

Berta,

Thank you for the reference! Also to the other Hadit responses sharing references and experience.  

I didn't even know there was such a thing as multiple SC 0's that could in some cases still garner a 10% rating. 

Based on whats left from this exam there is a potential to still earn 2 more SC 0% ratings,  (flat feet,) we will have to wait and see. 

[Berta]

I am familiar with flat feet ( I am a civilian) as I have sever pronation and could not possibly do some of the past jobs I had.My podiatrist told me to stop using a snow blower and a lawn mower

( he doesn't know I still weed wack) as podiatric problems can affect ones balance as well as other parts of their body.

A vet ( I posted this case long ago at the older hadit board, ) with SC  flat feet, gained TDIU because the flat feet had affected his  back, hips and knees so much that he could no longer work.

However being so long ago, these days the VA might say he could gain employment using a PC,where he would not be on his feet for 8 hours.

It is  always worth pursuing anything that can garner a compensable award.

 

[USMCScorpio]

17 minutes ago, Berta said:

I am familiar with flat feet ( I am a civilian) as I have sever pronation and could not possibly do some of the past jobs I had.My podiatrist told me to stop using a snow blower and a lawn mower

( he doesn't know I still weed wack) as podiatric problems can affect ones balance as well as other parts of their body.

A vet ( I posted this case long ago at the older hadit board, ) with SC  flat feet, gained TDIU because the flat feet had affected his  back, hips and knees so much that he could no longer work.

However being so long ago, these days the VA might say he could gain employment using a PC,where he would not be on his feet for 8 hours.

It is  always worth pursuing anything that can garner a compensable award.

 

Berta,

I am sure going to start preparing for a potential appeal should one be needed. The hammer toes which are connected to flat feet both hinder 100% function but are not directly noted during Active Duty apart from a short stint of light duty (no boots, foot pain) mentioned in my med records. 

Your point about balance is true and is a real thing for sure! I've had more than a few (whoa moments) and couldn't for the life of me figure out why. 

So many connecting factors that ill need to prepare for.

I hope SOMETHING will be awarded for these feet. I'm anticipating an answer shortly as the feet C&P seems to be updating now on the ebenefits-portal (last update 4/26) 

[Buck52]

On 3/11/2021 at 6:13 AM, USMCScorpio said:

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.

You may just have to wait on them getting around to schedule you a C&P or more than one C&P for these other claims you submitted.

if you filed all your claims at once  they adjudicate as they get the claims   normally on a first come bases or as they recieve the claims

each claim will be decided separately. 

[USMCScorpio]

5 minutes ago, Buck52 said:

You may just have to wait on them getting around to schedule you a C&P or more than one C&P for these other claims you submitted.

if you filed all your claims at once  they adjudicate as they get the claims   normally on a first come bases or as they recieve the claims

each claim will be decided separately. 

Thanks Buck,

As of now they've denied SC on all the claims except Tinnitus/10%, Hammer toes Lf and Rt 0% for each SC, flat feet (still waiting on rating), depression (still waiting on rating) but all Scheduled C&P exams are completed.