I won new eed, what next?

[Manonfire]

I won a remand at CAVC for reconsideration of an earlier effective date back to 1988 due to missing records on a single issue, where the BVA judge agreed and granted it along with service connection. The RO just sent out a decision packet, which I'm still waiting on.

What rating percent will they use (I'm at 40% now, the MEB gave me 10% back then in 1988)? How will they calculate retropay (using todays dollars or 80's pay)? Could I get IU (I was given P&T 100% in 2017) back to the new date (my social security record shows I only made above poverty level in 3 out of 30yrs of working)? Thx

[Buck52]

Congratulation on your Win

Winner  Winner Chicken Dinner..

They should pay you back each year whatever the pay scale was for that year including the COLA  if we got one.

Also check make sure they added your dependents back then to  if you had dependents? not sure if 10% counts toward dependents? it may be a higher rating 30% or more IDK

[Buck52]

MAYBE BRONCOVET CAN CHIME IN  HE KNOWS THE RETRO PAY FAIRLY GOOOOD.

CHECK BACK WITH US.

Edited May 31, 2021 by Buck52

[pacmanx1]

59 minutes ago, Manonfire said:

What rating percent will they use (I'm at 40% now, the MEB gave me 10% back then in 1988)? How will they calculate retropay (using todays dollars or 80's pay)? Could I get IU (I was given P&T 100% in 2017) back to the new date (my social security record shows I only made above poverty level in 3 out of 30yrs of working)? Thx

Congratulations!!!!  $,

It really depends, and you won’t know until you get your official letter. When I got my first retro the VA paid me in two separate payments, the first was my back pay retro and the second was my dependents pay difference. This last recent retro I received the VA paid all my retro including my dependents.  By law retro pay is paid by the date of the claim, meaning, your retro pay is paid by what the VA should have paid you including all COLA increases minus what they already paid you and nothing more.

Your new grant for a 1988 effective date will change all your ratings up to the point where the VA granted you 100% P & T. Once you get a copy of your decision letter if you disagree with any of the ratings or the effective date, you will have to file a new appeal back to the BVA. Pay close attention to when the VA rates you at 70%. That could award you TDIU and if they don’t you can appeal and ask the BVA to grant you TDIU if you still met the criteria. So, yes IMHO (IN MY HUMBLE OPINION) it is possible, but it will be up to the VARO and the BVA.

[El Train]

I'm going through this now.  Denied in 93 due to missing records.  Fast forward to 2018, I reapply due to finding the records and got approved for 80%.  Hired a lawyer for the 80% back to 93.  VA gave me 10% back to 1993 (small victory).  So it is on appeal now.  Probably have a decision in 2030.   

[pacmanx1]

Yes, there are a lot of us going through this mess.  I am in the same boat, the BVA granted me a 1998 effective date. The VARO lowballed my rating and I had to file an NOD; the VARO then increased my rating but screwed up my effective date. When I filed a new NOD, the VARO decided to teach me a lesson and decreased my rating where I had to file a new NOD to the BVA. The BVA granted me an un-adjudicated effective date back to 1998 and forced the VARO to restore my increased rating but the VARO failed to award my increased rating back to 1998 so my claim went back to the BVA for my final rating and now I am waiting.  What we refer to is the "Hamster Wheel".

[GBArmy]

Pacmanx1 This is a perfect example of the RO is exactly being spiteful and should be punished.  Call the Whitehouse hot line and ask them why this type of behaviour is allowed. Maybe the new Secretary can use a couple of these jerks as examples-"Veteran Friendly" my foot.