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Retro pay after TDIU?


allansc2005

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Afternoon folks, hope everyone is safe and healthy.

Back in January, 2017 I was awarded TDIU P&T, got all the back pay, goodies such as no taxes on vehicles, dwelling...

 

In December of 2019, I filed a secondary claim of overactive bladder-OAB in connection with spinal issues for which I was already awarded SC, and was denied.

I asked for a higher level review due to the denial, was granted the review, was sent to a C&P exam for that same OAB claim, and got a call yesterday from the C&P doctor telling me he concurs that my OAB "is connected to my SC spinal conditions", and that he would tell the VA the same thing on the DBQ.

 

So, my question is: Will there be any back pay from the time I was denied SC for the OAB back in December, 2019?  FYI, I'm 90% Scheduler.

 

Thanks

 

Allan 2-2-0 HOOAH!

 

 

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Recap: Was approved for TDIU P&T back in 2017. In 2019 filed for secondary Over Active Bladder(was earlier denied) as it was secondary to SC for spine issues, and that claim was approved, and was connected by the C&P doctor to my SC spinal problems.

If this date is prior to your TDIU effective date, then it is possible, but it would only be retro for the date that you originally filed a claim for OAB to the date that VA granted you TDIU February 2017. It really depend on what was in your records.

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@pacmanx1, sorry if I sound redundant, but after finally finding all my claims over the years, I see I was denied OAB back in January 2014, and not 2019 as I originally posted.

 

So, was denied SC OAB in 2014, awarded TDIU in 2017, filed for secondary for OAB(C&P exam) in October, 2021, was approved-Dr. concurred  it was related to my SC spinal conditions.

 

Now as a footnote, I have numerous SC spinal conditions dating back to 1990, and they are included in TDIU.

 

Allan 2-2-0 HOOAH!

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Here is the way your retro is calcualted:

Figure your new comp rate EACH MONTH.    This varies with the year, your dependents, and your percentage rate EACH MONTH.

EACH MONTH  subtract what you already received in the past for that month.  

As much as we would like to, you cant multiply the number of months times your new pay.  

(But you can get an estimate, but it will be off because compensation goes up each year (except for 3 years when cola was zero).  YOU GET THE OLD RATE, each year, which changes, not the new 2021 rate.  

Its rather tedious to calculate your retro, frankly.  I used a spreadsheet to figure mine.  (Microsoft Excel), which made it much faster.  

Or, use the retro calculator (best):

There are several retro calculators, online, here is one:  https://cck-law.com/va-disability-retro-calculator/

The calculators "build in" the old rates and stuff.  But I figure mine anyway.  

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Before you begin to try to calculate/figure out any retro payment, you might as well wait for a rating decision. Reason being is that if you filed a claim in 2014 and it was denied then you filed a supplemental claim in 2019, the VA may only consider the evidence that you submitted in 2019 and not any further. To get an effective date back to 2014 you will need evidence that proved that you met the rating criteria in 2014.

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