So, I was awarded 100% PnT for Pact Act claims today. I filed July 2022 and I think they made a mistake for back pay and dating my award. The Chronic Rhinitis at 10% is dated 2022 but the Sinusitis which is a pact act claim at 50% is dated June 30 2023. I have to appeal this right? Or file a supplemental form For the back pay? I was currently at 90% and if they would've given the Sinusitis the same effective date I would be 100% as of Aug. 10, 2022. Look at the wording on my decision letter. Are they wrong or am I wrong?
Chronis Rhinitis
WE CONSIDERED WHETHER YOUR CONDITION RESULTED FROM A TOXIC EXPOSURE RISK ACTIVITY (TERA) IN SERVICE. THE EVIDENCE OF RECORD SHOWS PARTICIPATION IN A TERA. (38 U.S.C. 1168)
THE EFFECTIVE DATE OF THIS GRANT IS AUGUST 10, 2022. SERVICE CONNECTION HAS BEEN ESTABLISHED FROM THE DATE OF THE LAW CHANGE ALLOWING VA TO GRANT THIS CLAIM. WHEN A CLAIM OF SERVICE CONNECTION IS RECEIVED WITHIN ONE YEAR AFTER A CHANGE IN LAW, AND ALL THE REQUIREMENTS WERE MET FOR A GRANT ON THE DATE OF THE CHANGE IN LAW, THE EFFECTIVE DATE IS THE DATE OF THE CHANGE IN LAW. (38 CFR 3.114, 38 CFR 3.400, 38 CFR 5110) AN EVALUATION OF 10 PERCENT IS ASSIGNED FROM AUGUST 10, 2022.
Chronic Sinusitis
WE CONSIDERED WHETHER YOUR CONDITION RESULTED FROM A TOXIC EXPOSURE RISK ACTIVITY (TERA) IN SERVICE. THE EVIDENCE OF RECORD SHOWS PARTICIPATION IN A TERA. (38 U.S.C. 1168)
THE EFFECTIVE DATE OF THIS GRANT IS JUNE 30, 2023. SERVICE CONNECTION HAS BEEN ESTABLISHED FROM THE DAY VA RECEIVED YOUR INTENT TO FILE (ITF) A CLAIM FOR COMPENSATION. WHEN A CLAIM OF SERVICE CONNECTION IS RECEIVED MORE THAN ONE YEAR AFTER DISCHARGE FROM ACTIVE DUTY, THE EFFECTIVE DATE IS THE DATE VA RECEIVES THE INTENT TO FILE WHEN A PRESCRIBED FORM IS RECEIVED WITHIN A YEAR OF THE ITF. (38 CFR 3.155, 38 CFR 3.400) AN EVALUATION OF 50 PERCENT IS ASSIGNED FROM JULY 27, 2023.
Question
11CINF
Hello all,
So, I was awarded 100% PnT for Pact Act claims today. I filed July 2022 and I think they made a mistake for back pay and dating my award. The Chronic Rhinitis at 10% is dated 2022 but the Sinusitis which is a pact act claim at 50% is dated June 30 2023. I have to appeal this right? Or file a supplemental form For the back pay? I was currently at 90% and if they would've given the Sinusitis the same effective date I would be 100% as of Aug. 10, 2022. Look at the wording on my decision letter. Are they wrong or am I wrong?
Chronis Rhinitis
WE CONSIDERED WHETHER YOUR CONDITION RESULTED FROM A TOXIC EXPOSURE RISK ACTIVITY (TERA) IN SERVICE. THE EVIDENCE OF RECORD SHOWS PARTICIPATION IN A TERA. (38 U.S.C. 1168)
THE EFFECTIVE DATE OF THIS GRANT IS AUGUST 10, 2022. SERVICE CONNECTION HAS BEEN ESTABLISHED FROM THE DATE OF THE LAW CHANGE ALLOWING VA TO GRANT THIS CLAIM. WHEN A CLAIM OF SERVICE CONNECTION IS RECEIVED WITHIN ONE YEAR AFTER A CHANGE IN LAW, AND ALL THE REQUIREMENTS WERE MET FOR A GRANT ON THE DATE OF THE CHANGE IN LAW, THE EFFECTIVE DATE IS THE DATE OF THE CHANGE IN LAW. (38 CFR 3.114, 38 CFR 3.400, 38 CFR 5110) AN EVALUATION OF 10 PERCENT IS ASSIGNED FROM AUGUST 10, 2022.
Chronic Sinusitis
WE CONSIDERED WHETHER YOUR CONDITION RESULTED FROM A TOXIC EXPOSURE RISK ACTIVITY (TERA) IN SERVICE. THE EVIDENCE OF RECORD SHOWS PARTICIPATION IN A TERA. (38 U.S.C. 1168)
THE EFFECTIVE DATE OF THIS GRANT IS JUNE 30, 2023. SERVICE CONNECTION HAS BEEN ESTABLISHED FROM THE DAY VA RECEIVED YOUR INTENT TO FILE (ITF) A CLAIM FOR COMPENSATION. WHEN A CLAIM OF SERVICE CONNECTION IS RECEIVED MORE THAN ONE YEAR AFTER DISCHARGE FROM ACTIVE DUTY, THE EFFECTIVE DATE IS THE DATE VA RECEIVES THE INTENT TO FILE WHEN A PRESCRIBED FORM IS RECEIVED WITHIN A YEAR OF THE ITF. (38 CFR 3.155, 38 CFR 3.400) AN EVALUATION OF 50 PERCENT IS ASSIGNED FROM JULY 27, 2023.
Why?
TIA
Link to comment
Share on other sites
Top Posters For This Question
4
3
2
2
Popular Days
Feb 26
5
Feb 21
3
Feb 23
2
Feb 22
1
Top Posters For This Question
Lemuel 4 posts
11CINF 3 posts
broncovet 2 posts
Rattler 2 posts
Popular Days
Feb 26 2024
5 posts
Feb 21 2024
3 posts
Feb 23 2024
2 posts
Feb 22 2024
1 post
10 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now