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retro pay ?

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roses15534

Question

I am 100% P&T already and was just awarded 30% asthma how is the retro pay figured? Thanks in advance

GySgt USMC Retired 1980-2001 Food Services, Recruiter, Security Forces

20% residuals right shoulder

10% tinnitus

40% fibromyalgia

10% lipomas

20% lumbar spondylosis and degenerative disk disease

10% status post cholecystectomy with scars

10% right knee patellofemoral syndrome

10% left knee patellofemoral syndrome

50% anxiety disorder

20% chronic fatigue syndrome

10% keratoconus

30% gastritus claimed as heartburn with gerd, hiatal hernia and baret's esophagus

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21 minutes ago, roses15534 said:

I am 100% P&T already and was just awarded 30% asthma how is the retro pay figured? Thanks in advance

It all depends on if your effective date is prior to your 100% rating. If it is, then the VA will have to recalculate your combined ratings from your 30% effective date upwards. If the effective date is after your 100% rating, then there will be no retro pay unless you are awarded an SMC-S rating/payment and that is a different story.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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My apologies, I forgot and totally overlooked the fact that it is possible that your new rating could also get you a possible TDIU rating depending on all your other effective dates. This is possible because if your 30% effective date cause your other rating to meet the TDIU criteria before you were rated 100% schedular P & T them you could be owed retro pay. Sorry.

This is something like what I am going through. I have been rated 100% schedular for well over a decade and a half and the BVA granted me an unadjudicated appeal dated prior to my 100% P & T rating and I was awarded several years earlier of TDIU payments. 

 

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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The decision will state an "effective date".  If you disagree with the effective date, you can appeal the effective date.  

Once you know the effective date, you can calculate the retro.  ONE way to do this is use a retro calculator, such as this one:

https://cck-law.com/va-disability-retro-calculator/

You should do this, and, when you get your retro, it should match up.  If it does not jive, then you should look into why not.  The VA made a huge mistake in my retro, which was fixed "only when" I asked for an audit of my retro, and the error was discovered and I got additional retro.  

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