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Rating Increase (Retro Process)


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10 replies to this topic

#1 CShock

 
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Posted 24 July 2012 - 03:32 PM

Good afternoon,

I recently received retro pay for my initial claim and now I have received a rating increase from 60-80 percent as two contentions which were defered have now been rated. I'm a military retiree and I'm curious if the process of obtaining retro pay for a rating increase is the same as receiving retro pay for an initial claim? I.e. audit of records by DFAS, results of the audit sent.to the VA...

Thanks in advance.
Shock

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#2 Berta

 
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Posted 25 July 2012 - 08:32 AM

If you are unemployed ,did they make a statement as to why they did not consider TDIU? or is that a deferred issue?

The retro for a rating increase should be the difference from the past rating retro for the older percentage.

But it is difficult to know what they will actually pay here. The formal letter regarding the retro should tell you more.

It pays to check retros with the historic rate chart at the VA web site.

#3 CShock

 
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Posted 25 July 2012 - 02:32 PM

Berta,

Thank you for your response. I am unemployed but I'm a full time student and I don't think I would qualify for TDIU, however I will review my paperwork to inquire if TDIU has been mentioned. I understand the retro pay will include the difference of the two ratings, I was curious if the process was the same. Once my intial claim was rated and I received my first payment, DFAS conducted an audit to determine what if any funds were owed, that info was sent back to the VA for processing, etc. I'm curious if this is the same process which will take place to determine the retro amout, if have an idea what to expect. However since I'm currently receiving payments an audit has already been conducted and payout received, with an increase it seems (in my mind) that calculating the difference and matching same to the effective date is the only requirement.

Shock

Again thank you for the info and I will review my pprwk regarding TDIU.

#4 rpowell01

 
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Posted 27 July 2012 - 12:42 AM

CShock, read this:

http://www.disabledv...misconceptions/

And read all the links in the article.

Do not think for one minute you cannot get TDIU and go to college. I have been in college since May 2011 but my conditions have worsened since then. A VA Psych doctor just put me out of work in late April because of my service connection disabilities and I filed for TDIU. Again read the links in the articles mainly of the person who gets TDIU and works 30 hours per week as a mechanic. Don't let them fool you into thinking you can't go to college and be granted TDIU. College can and is therapy for some of us. If it wasn't for college I would be getting injections from the Psych ward in Bay Pines. College works area of the brain that Psych doctors cant even touch and no medication will help that part of the brain that is having issues. Again read the article and links you may be surprised.

Now, my FMLA ended last week at work and I guess they terminated me after the 3rd day of not showing back up from work. But the Pysch doctor wont release me to go back to work. So the VA is now responsible. Another thing I have going for me is the IMO that was completed and that letter also puts me out of work.

I asked my Voc Rehab counselor if I can still go to college if I get approval for TDIU and she said no but I am going to send her the documents and VA policies that says otherwise.

Actually this case should answer many questions for people:

http://www.va.gov/ve...es3/1027075.txt

Again the person is working and getting TDIU....

Edited by rpowell01, 27 July 2012 - 12:44 AM.


#5 Berta

 
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Posted 27 July 2012 - 06:55 AM

I find that decision to be astonishing.

Then again:

“Marginal employment shall not be considered substantially gainful
employment. Marginal employment generally shall be deemed to
exist when the earned annual income of the veteran does not
exceed the amount established by the United States Department of
Commerce, Bureau of the Census, as the poverty threshold for one
person, and consideration shall be given in all claims to the
nature of the employment and the reason for termination.
38 C.F.R. § 4.16(a). “

So I assume,although the decision didn't make it clear, that this vet's wages were below the poverty level and would remain at that point.
I don't see a P & T designation either.

I learned from my own BVA decision that much of my evidence and many factors often are never put into actual BVA decisions so I wonder if there was more to this decision than we know via the BVA award and I don't feel any vet should ever consider this decision as evidence that they can work and still receive TDIU.

This stands out to me:
“The Veteran's corrected visual
acuity was 20/20, bilaterally, and his anxiety disorder was not
shown to be significantly disabling.”
I do not see this veterans as having a severe mental health issue and perhaps that also factored into the decision.

I certainly commend any veteran with high levels of disability for trying to continue to work as it can certainly help them in many ways.

But sometimes it could cause the VA to review their claim and even change their TDIU rating.

Edited by Berta, 27 July 2012 - 06:56 AM.


#6 Commander Bob

 
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Posted 27 July 2012 - 09:01 AM

Good afternoon,

I recently received retro pay for my initial claim and now I have received a rating increase from 60-80 percent as two contentions which were defered have now been rated. I'm a military retiree and I'm curious if the process of obtaining retro pay for a rating increase is the same as receiving retro pay for an initial claim? I.e. audit of records by DFAS, results of the audit sent.to the VA...

Thanks in advance.
Shock


Greetings 'CShock'

Are you a career military retiree? If so Call CRDP 800-321-1080

Edited by Commander Bob, 29 July 2012 - 09:34 AM.


#7 rpowell01

 
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Posted 27 July 2012 - 03:00 PM

What people do not know and this is something I have learned in the past 2 1/2 years is that a person can have a mental condition caused by either psychological or physiological or both. Psychological means there is something going on in the brain that isn't correct. A person could have an issue in the brain where it does produce something. This is mental. The Physiological is caused by something physical in the body and NOT the brain. The brain creates a fight or flight protection for people with anxiety who has disabilities affecting them physically. I have found for myself that none of the psyche meds help and even causes things to get worse. The Psyche Doctor even mentioned that to me and the only thing I take of my anxiety is a low dosage of Valium.

Now, people who do have Anxiety caused by Physiological issues can do things to keep their mind busy because if the mind isn't busy it panics. My dad who was injured in a car accident years ago basically has the same kind of issues we have. His is worse because he is older. But he gets out of the house almost everyday and does things around the house. I see him and I know why he is doing that. He would rather deal with the pain in his back than the anxiety in his mind. College is a resource of therapy for the brain. Doing college work is the same thing what my dad does in keeping the mind busy except I don't have to deal with the harsh pains in my neck and/back or the extremities.

In college you can learn wonderful things about your disabilities if you take the right classes....

I agree with you Berta and I luckily found that link in my research...

If I am granted TDIU or approved for my NOD by DRO on all my denied claims do you think for one minute I am just doing to sit in this house and do nothing? I will be helping my dad and getting outside. Will I still do college? I just don't know as of yet because I am having issues right now remembering short term so the work is getting harder and harder because of this.

To be honest I need a vacation. I need to go to Key West for a week to get away. I haven't been on any vacation since, well I cant even remember but I think it was in May 2003....That is a long time not to take a vacation...There is a huge difference in taking a vacation and staying home or going somewhere away from the house.

Edited by rpowell01, 27 July 2012 - 03:08 PM.


#8 CShock

 
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Posted 28 July 2012 - 10:50 PM

CC Bob,

Thanks for the info and yes I am a career mil. retiree.

Shock


#9 CShock

 
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Posted 28 July 2012 - 10:53 PM

Berta,

I reviewed my package and didn't find any mention of TDIU.

Shock

#10 CShock

 
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Posted 28 July 2012 - 10:56 PM

Rpowell,

Thanks for the info, I will take some time and review.

CShock

#11 etihwr

 
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Posted 04 August 2012 - 12:26 AM

Rpowell,
You should also look at filing for SSDI. If you were in OEF/OIF, let SS know about this and you will go faster. Also let them know about your VA claim so SS can use this information to help adjudicate your claim. Should you be turned down, get an attorney. They will not take the case if they don't think they can win. It is better to get 80% of something than have 100% of nothing. Best of luck.




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