Need help finding regulations

[Buck52]

To the OP

''Regarding a veteran already being rated, to accurately estimate retro benefits the veteran would have to calculate the difference between what he was paid and what he should have been paid.  For example, if the veteran was paid at 50% for PTSD before this decision and now he will be 70%  plus individual unemployability for PTSD then he needs to realize that his retro benefits will be the difference between the two going back to the effective date.  A veteran’s dependent status might change throughout the history of the veteran’s claim.  He might have a child or a current dependent child might grow old enough to no longer be a dependent in his care.  Furthermore, he might get married or divorced during the time of the claim.  Finally, there are typically cost of living changes (COLA) made every year adjusting the amount paid at each rate.  These changes could be a few dollars to a hundred dollars per month.  All of these issues play into a veteran’s retro payment.  Not accounting for them can cost the veteran hundreds or even thousands of dollars in retro benefits.''

Sourch: Hill &Ponton disabilitys attorney's

CHECK THIS LINK FROM Hill & Ponton Disabilities Attorney's

https://www.hillandponton.com/va-retro-disability-calculator/

[Berta]

I might misunderstand your question- I have never seen it asked here in over 20 years.

https://www.benefits.va.gov/COMPENSATION/resources_comp01.asp

 

This link starts at the 2019 rates and below that it has the Historic Rates by year prior to 2019.

 

The rates go up every year if we get a COLA, ( one year we didn't).

and at  the same COLA% our SSA goes up.

 

[Berta]

Scottish Knight cannot reply to this thread and neither can I

[Berta]

 

Tried again

I think maybe the problem is explained in the BVA decision you posted here

 

It is an unusual decision-and hard to know what the EED actually was.

Have you posted the implementing  RO decision here yet?

 

"Author
Posted May 18
  On 5/17/2021 at 2:36 PM, pacmanx1 said:
Congratulations on your Win!

Since the BVA granted your claim, your claim will be returned to the local VARO to implement their decision. That means you may have to have an updated C & P exam. This also means that the local VARO will have to assign an effective date and a rating percentage.  If you disagree with either of these, you will have to file a new appeal back to the BVA to get it/them corrected.

Read more  
Thank you! Now I just have to understand what the letter actually says lol. I get really confused when he talks about February 2020 to October 2020 as the only issue left and the end of the letter sounds like he is trying to tell RO to consider all the facts and imply my effective date should actually be 2013 timeframe. Or is that just wishful thinking on my part?

 

ORDER

 

Entitlement to an initial disability rating of 10 percent, but no higher, for surgical scar, right wrist status post tenosynovectomy for the period prior to October 15, 2020 is granted.

 

Entitlement to a disability rating in excess of 10 percent for surgical scar, right wrist status post tenosynovectomy for the period from October 15, 2020 onward is denied.

 

FINDINGS OF FACT

 

1. The evidence is at least in equipoise as to whether the Veteran's surgical scar, right wrist status post tenosynovectomy manifested as a painful scar for the period prior to October 15, 2020.

 

2. The weight of the evidence is against a finding that the Veteran's surgical scar, right wrist status post tenosynovectomy manifested as three or four unstable or painful scars for the period from October 15, 2020 onward.

 

CONCLUSIONS OF LAW

 

1. The criteria for entitlement to a disability rating of 10 percent, but no higher, for surgical scar, right wrist status post tenosynovectomy for the period prior to October 15, 2020 have been met. 38 U.S.C. §§ 1155; 38 C.F.R. §§ 4.1, 4.7, 4.118.

 

2. The criteria for entitlement to a disability rating in excess of 10 percent for surgical scar, right wrist status post tenosynovectomy for the period from October 15, 2020 onward have not been met. 38 U.S.C. §§ 1155; 38 C.F.R. §§ 4.1, 4.7, 4.118."

[Carl the Engineer]

Interest, fees or penalties are the only way this is going to work, and that would take an act of congress, so don't hold your breath.

I have always been a fan of treble damages, say after a 5 or 10 years delay in a Veteran's claims.

Almost everything is "based" on what something cost or payed in the past.  

Smash your 10 year old car, and get its "replacement value".  You don't get a new car.  Now, you can get insurance that will get you a new car, but you would not be able to afford it.

How about 10% for every year denied,

Hamslice

And this post does have some issues with posting to it...  Just sayin

[Berta]

Can any Moderator help?

Confused vet PMed me that he also cannot reply to this thread:

https://community.hadit.com/topic/84960-need-help-finding-regulations/page/3/