Back pay when at 100 p&t

[trun10tion]

Good day all. I don't have dates it's been a long while. I'm in an bva appeal in which while I'm at 100% now I was awarded from appeal tdiu also. I have received payment. Now real question is since I'm at 100% will I receive any more back pay since my appeal is not complete, because they merged my claim and that part is under a remand. For the remand part recently VA sent me to lhi for c&p exam per bva judge, so since I'm already 100%, if bva approves do I just get rated for the last 4 medical conditions or back pay also?

[pacmanx1]

2 hours ago, trun10tion said:

Good day all. I don't have dates it's been a long while. I'm in an bva appeal in which while I'm at 100% now I was awarded from appeal tdiu also. I have received payment. Now real question is since I'm at 100% will I receive any more back pay since my appeal is not complete, because they merged my claim and that part is under a remand. For the remand part recently VA sent me to lhi for c&p exam per bva judge, so since I'm already 100%, if bva approves do I just get rated for the last 4 medical conditions or back pay also?

All compensation pay is based on effective dates, therefore if you have an effective date for 100% effective 2019 and the BVA/VA grants an effective date of TDIU prior to that 2019 date then you are owed the difference in pay. It really depends on your evidence of records.

[trun10tion]

Thanks pacmanx1... Much appreciated.

Thanks pacmanx1... Much appreciated.

[pacmanx1]

22 hours ago, trun10tion said:

For the remand part recently VA sent me to lhi for c&p exam per bva judge, so since I'm already 100%, if bva approves do I just get rated for the last 4 medical conditions or back pay also?

Since the BVA remanded 4 medical conditions, these claims must be processed and rated which should change your combined rating percentage and award you the TDIU prior to your 100% scheduler rating. Pay close attention to your new individual ratings and their effective dates. The VA get these wrong most all the time.  

[trun10tion]

Thanks again Pacmanx1.

But the 100% p&t came before tdiu. Here's what happened. In 2013 I filed tdiu, in 2017 I retained a lawyer I was already 80%. When my appeal bva judge saw my file he remanded back to v.a. at that time v.a. sent me a c.u.e. and rated me 100% p&t I guess to stop tdiu backpay then finished the remand to bva judge. The judge didn't see it their way and also granted me the tdiu and back pay. Now above in first post the remaining 4 contentions are still under appeal, merged  This is why I posted will I receive 4 contentions backpay? Although I was granted 100% p&t in 2018. Bva judge set my effective date back to 2012 around my discharge from Army date. At that time In army I was meb.

[pacmanx1]

18 minutes ago, trun10tion said:

But the 100% p&t came before tdiu. Here's what happened. In 2013 I filed tdiu, in 2017 I retained a lawyer I was already 80%. When my appeal bva judge saw my file he remanded back to v.a. at that time v.a. sent me a c.u.e. and rated me 100% p&t I guess to stop tdiu backpay then finished the remand to bva judge. The judge didn't see it their way and also granted me the tdiu and back pay. Now above in first post the remaining 4 contentions are still under appeal, merged  This is why I posted will I receive 4 contentions backpay? Although I was granted 100% p&t in 2018. Bva judge set my effective date back to 2012 around my discharge from Army date. At that time In army I was meb.

Yes, we are saying the same thing. The VA granted you 100% P & T in 2018 but you had enough evidence in your records to award you TDIU around 2012 so now that you still have claims pending and need to be implemented, those claims should award you a new rating decision with back pay from 2012 - 2018.

 

Yes, it is possible and most likely depending on the date that you are awarded your effective dates for your increased rating. Any date prior to your effective date for your 100% rating would cause a change in rating which you might meet the TDIU criteria, and the VA is “supposed” to consider your claim as TDIU and would result in a change in your combined rating/pay.

Yes, the VA does grants veterans 100% scheduler P & T and deems the veterans TDIU claim is moot causing the veteran to lose thousands of retro benefits. Some veterans may be entitled to TDIU benefits prior to the veteran’s 100% scheduler rating. As stated above, when a veteran reaches the TDIU criteria the VA is “SUPPOSED” to consider a TDIU rating, but this does not always happen, and the veteran has to appeal the decision to get his/her corrected benefits.

[trun10tion]

Ahhh I see. Thank you!

And thanks for being a great veteran.

Much blessings to you and yours!

PacManx1 you the Man.