Earlier Effective Date of Rating

[lcpmom]

Hello,

! was awarded 70% effective September 2016.  Afterwards I submitted and perfected an appeal to the Board of Veterans Appeals (legacy). Later, I requested and was allowed to op in to the new AMA system.

Long story short. I appealed an earlier effective date prior to 2016.   Note that initially in 2012 I only claimed a cervical condition, but as the claim processed through the year, the radiculopathy was subsequently diagnosed and given the same effective date as the cervical condition. Awarded 40% Cervical, 40% Right leg radiculopathy and 20% Left leg radiculopathy

The issue is that in 2012, I was denied for the cervical condition and did not appeal. I understand and understood at the time request to reopen in 2016 that that decision was final.

I was recently Granted an earlier effective date prior to 2016 and was awarded by the board. I am not sure how far back the the effective date will go.  However, my question is as follows: 

Will I be paid back pay for only the cervical rating of 40 percent or the entire 70% rating that was granted in 2016. 

I specifically requested that the effective date be prior to 2016. Not sure how they will break it down sin prior claim in 2012 was only for cervical condition. 

It is understood that the obvious reply that I receive on this site is to wait for the written decision, but thought that I could possibly get some kind of an idea from members of this Forum.

Any feedback will be appreciative.

Thanks,

Lois

Edited May 2, 2021 by lcpmom
spelling and wrong date in one sentence

[GBArmy]

ICPMOM EED is almost impossible to predict. You have the response already stated. You need to receive the decision letter to determine if you have a further appeal to do. If there is considerable $ possible, I'd consider canvasing a few lawyers and see what they say. It is based on legal stuff and hard for a non-lawyer to win onten in complex cases like yours is IMHO. 80% of something is a whole lot better than 100% of nothing.

[broncovet]

You will get retro (40 percent or 70 percent) as the decision so says.  Did you appeal the effective date on both, or just one of these?  And, were you awarded an EED on both or just one?

When you get retro, they always subtract any monies you have already recived in the past, so, if you were previously rated 40 percent and they increase to 70 percent, then you get the difference.  (70 percent minus 40 percent already received). 

 

[lcpmom]

GBArmy, I get what you are saying, but I am only asking if I will receive back pay for only the 40% for the cervical condition claimed in 2012 or 70% which was included 40% Right Radiculopathy and 20% Left Radiculopathy.

All three conditions were initially awarded together in 2016.  I am just wondering since I did a blanket request for an earlier effective date prior to 2016, if the Board of Regional Office will retroactive award an earlier date for the entire 70% rating.

Lois

 

[lcpmom]

Broncovet,

I appealed an earlier effective date of the 2016 decision. I did not specifically specify.  The two Radiculopathy conditions were eventually rated as a result of the primary Cervical condition.

I do not yet know if I have been awarded EED for both. Just that I have been Granted the EED prior to 2016. 

Please note that It was not a request for an increase rating, only a request for an earlier effective date for the rating decision assigned in 2016.

The way I understand it is that I will be paid back from May 2012 to one month prior to the start of my 2016 compensation payment.

Lois 

 

[broncovet]

As GBArmy said, you will have to wait for the envelope, its not much point for us to speculate on which one (40 percent, 70 percent, or both) were awarded an eed.  Its just a guess, and you know more about your file than we do.  

Did you check the "letters" section of ebenefits? Those are usually accurate, except the effective date will only go back to the last cola, but your rating should be right.  

[lcpmom]

Bronconvet,

There is no change to Ebenefits yet. I am waiting for a change to take affect after the packet is sent back to the regional office for processing.

Thanks for the suggestion. I will continue to wait for the envelope and continue to check my Ebenefits account.

Lois,