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Earlier Effective Date question
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McRay
I was granted SC from a claim I filed in 2015. I currently have an appeal at the BVA for an increased rating and an earlier effective date. My question is if I win my appeal and am granted an EED of 1978 and increased % that would give me either 100% schedular or 70% and TDIU how would that work? It seems that some SMR's were not considered in my original denial in 1978 and were instrumental in overturning the denial in 2016 . The appeal legal brief is requesting a total rating of 100% or 70% and TDIU as of September 2015 and EED of 1978. Would the 1978 EED be computed at my current rate or would it be the increased rate?
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pacmanx1
No, any and all back pay or retro pay is subject to the laws at that time including the amount of your entitlement. In plain language, if the BVA grants you an effective date, whatever the amount of t
pacmanx1
Here are the historical rates. VA Disability Compensation Rates 1974 - Present (Retro Pay Calculation) (hadit.com) Compensation Rate Table - Effective 12/1/04 - Compensation (va.gov) 20
pacmanx1
That really depends on the evidence of your records. If, VA failed to adjudicate all the evidence in your records and denied your claim that means the VA will have to re-evaluate your rating. In plain
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