Dependent Eligible for earlier compensation

[add55p]

Hello All,

In 2015, I was awarded a 40 percent rating with an effective date of April 2010.

At the time of the April 2010 effective date, my dependent child was above the age to be claimed for compensation.

After a long battle for an earlier effective date, the Department of Veterans Affairs granted me an affective date back to February 1999.

February 1999, my dependent child met the age requirement to be added for compensation purposes.

Within 30 days of receiving the earlier effective date (1999) award, I submitted a request to be compensated for the past period that my dependent child was eligible.

Within one month, the claim went to notification and then returned to under review. It has since been closed as of July 22, 2021 .

On Ebenefits, in the DEPENDENTS Section, it now shows a tab that says "show dependents not on Award". When I click on it, the following message appears;

"You are not currently receiving additional benefits for the dependents shown below". My dependent child that I submitted the claim for name and birthdate are shown below that message.

Can someone tell me what this VA communication could possibly mean concerning the outcome of my dependent claim.

The decision letter is on the way, per va.gov claim status.  

Thank you in advance.

Add

[pacmanx1]

42 minutes ago, add55p said:

The decision letter is on the way, per va.gov claim status.  

Well put nothing past the VA. I suggest waiting for your new award letter. Based on your post it is likely that the VA has sent you a separate award letter that should have the difference of your dependent pay on it.  In your post, you stated that the VA awarded you an EED back to 1999 and that would have made your dependent eligible for dependent pay and the VA should have included that pay in your decision. It is possible that your new letter will show this difference and at the same time, it is possible that Ebenefits shows that you have no dependents because your dependent child is still beyond the age limit.  Keep in mind that Ebenefits is supposed to show the current rating and your dependent child would not be on it because the child is well over the age limit. This would have nothing to do with an award letter for an EED for back/retro pay for your dependent. 

Back in 2014 the VA granted me a 2004 EED and I received my award letter and back pay. A few days later I received a second award letter for my dependent child that they left off. In 2019, the BVA granted me a 1998 EED that made my dependent child eligible for an EED and this time all my back/retro pay was included in my award letter, and I did not have to file a new claim. It is just a little too soon to know but your new letter may correct that they missed your dependent child off your award.

[ShrekTheTank]

It is hard to say without the letter being here.  Because you child is too old now it could me for now, but maybe in the letter there is wording for the back pay of the dependent.  There really is no way to know without the letter.  It says CURRENTLY, this would be correct as they are too old.  

[GBArmy]

Advice provided makes sense. You won't know until you receive the award letter, and then go from there.

[Berta]

Pacman is right on with this question-

Part of my AO IHD death award certainly granted dependency to our school age child.

But then again she had already been listed as his dependent, when he wat only at 30%.

You said " Can someone tell me what this VA communication could possibly mean concerning the outcome of my dependent claim."

I have two answers-they are possibly working on that issue- but they might request from you proof that the child was in school, not an adult, at time of the EED date, and fulfilled the dependency criteria-I fill find and post that here-

my Second answer is they might not even be working on it because they might be illiterate.

I base that on over 25 years of personal experience with the VA as a claimant.

But I agree with all above, to wait for the actual decision.

 

 

[Berta]

"If you receive a combined disability rating of at least 30%, we’ll automatically consider your eligibility for additional compensation for your dependent."

https://www.va.gov/disability/add-remove-dependent/

*The again you would think they could have considered this when they determined the EED.

You might also need to file a CUE claim on this----but the decision will reveal what to do next.

I need to add- when the AO IHD claim was awarded my husband by then had been dead for 16 years , and my daughter had served by then 7 years in the Military-

but still they had to go back to the EED etc etc and include for her dependency allowance, because the AO IHD claim changed everything- 

I dont think that was part of the retro but it involved a CUE SMC award too-

Am I reading this correctly:

You said:

"Within 30 days of receiving the earlier effective date (1999) award, I submitted a request to be compensated for the past period that my dependent child was eligible.

Within one month, the claim went to notification and then returned to under review. It has since been closed as of July 22, 2021 ."

When did you get the 2019  EED BVA award letter?

I assume this is in formal  appeal status at your RO?

 

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