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mtneer92

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BLUF: Will I get paid retroactive pay for a CUE for a retroactive 10% increase?

I retired from the Army on 30 September 2016 and filed claim right away. The VA gave me 0% Service Connected for degenerative arthritis of the thoracolumbar spine.  I thought that was messed up but thought nothing of it. 

Fast forward to February 2022 and I receive a DL from the VA saying that "a clear and unmistakable error is found in the evaluation of degenerative arthritis of the thoracolumbar spine and a retroactive increased evaluation to 10 percent disabling is established from October 1, 2016."  The DL goes on to say that the rating decision dated December 1, 2016 incorrectly assigned a 0 percent evaluation when the evidence clearly showed a higher evaluation was warranted.  The effective date of this grant is October 1, 2016. Service connection has been established from the day after your discharge from active duty... anyway, this letter was received at the beginning of February... I haven't received any additional payment from the VA for this, be it retro pay or whatever... My records were updated to show that the 0% never was and that it was 10% all along, which is not the case. 

In 2018 I received $4k for something that was retroactive and $545 in 2019 for something... so, they do sometimes do retro pay.  Anyway, I would appreciate anyone's help & experience with this.  Thank you.

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Hi Mtneer92 Welcome to Hadit. Sure sounds like it to me. Check your banking info on file to be sure that it hasn't changed  for your direct deposit. You could call "Peggy" at 800-827-1000. Since you got the decision letter they may be able to provide insight as to where your process is, as in signature cycle, etc.

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Yes, you should be entitled to the retro you mentioned.  That is what Cue is about.  If the effective date did not matter, then dont file a cue, just re apply.  

The VA says they are behind, and then list the usual excuses, plus Covid, of course.  

My advice:  Send an IRIS. Call Peggy.  CAll your VSO, send the VA a letter. and call the white house hotline..probably in that order.  

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