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Part of my claim was never paid.

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Quwanna

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I had cervical spinal surgery in April of 2020 and was awarded 100% temporarily for April and May of 2020. I was also awarded 60% for August.  They never paid me the 100% for April.  How do I go about getting the pay they said I was awarded for the month of April?  They paid me for May and August.

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Posted (edited)

Welcome to hadit. 

Now, some bad news and good news:  First, the bad news:  You probably dont understand it.  

VA compensation is paid "in arrears". Nobody gets paid because they think they will be disabled next month. Instead, you get paid for last month.  

And, VA "does not pay" a part of a month.  Full month or none. Therefore, if your effective date was April xx, then your first check would be the first day of the month FOLLOWING APRIL, (aka May)or the first of June. 

Dont feel like the lone ranger, most vets get it wrong by a month, for reasons I just posted above. 

Now, the good news, which could be very good.  

VA has gotten every one of my effective dates wrong, I appealed them, and eventually won.  Shorting you on effective dates is the VA 3 most favorite thing, after delays, and denials.  

You should carefully review your decision and, you may well need your records at hand, to see if you should have gotten:

A.  A higher percentage (VA loves to lowball)

B.  Hornswaggle the effective date.  

    My first question is are you working..if you are not, and it is because of sc conditions, then you should be 100 percent or tdiu.  

The regulations state the effective date is the later of your claim date, or facts found, (the date the doc said you were disabled).  But there are multiple exceptions, and see if one or more of these apply to you:

1.  If you applied within a year of your military discharge.  you should get an effective date back to date of discharge.  

2.  If you were seeking an increase. 

3.  If you submitted new evidence.  

4.  If there was a change in regulations, such as AMA, pact act, etc.  

5.  If you are Nehmer class, or Pact Act.  

6.  If va committed clear, unmistakable error that was "outcome determinative".  

(There are probably others, but, heck, maybe Im in a senior moment)

Edited by broncovet
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My guess you are in a senior moment. Great answer broncovet.

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