Re: Retroactive payments, how do they work?

by Guest Wed 05 Sep 2018, 22:11

Iceman wrote:
Artie Simm wrote:
Teager wrote:I'm not understanding your understanding of where this back pay comes into play? Lump sums are increased every year to keep Pace with inflation. As far as I know there is no back pay.
l dont understand it either but the lawyer said if approved there is 2 -3 years of retro active pay earned , which to me makes sense if you use the old pension chart as the injury would be assessed as a monthly pay so you times that by 24-36,l dont know how VAC determines backpay from a lump sum,if they agree to pay me using the award chart?
Date from which disability pension payable
39 (1) A pension awarded for disability shall be made payable from the later of

(a) the day on which application therefor was first made, and

(b) a day three years prior to the day on which the pension was awarded to the pensioner.

If the original claim that was rejected was in 2004, that is prior to the NVC.
If your claim is approved, because it is on a prior claim, that claim date has precedence towards payment
You should be receiving a disability pension, and not a disability award (lump sum)
The percentage however uses the current charts

The pension will also be be backdated 3 years

The disability pension amount also depends on marital/dependant status
For example, a 10% pension, married with 2 children is around 410/month.
It adjusts every year for inflation.

what about reassessments, suppose a vet had an existing claim monthly pension at say 20%, ,but ot was reassessed and it when up to 60%, obviously from then on the vets monthly pension would be greater,but what if it took VAC a year to come to that conclusion, is there back pay concerning the 365 days and the 40% lost ground?

by **Iceman** Mon 03 Sep 2018, 20:42

Artie Simm wrote:
Teager wrote:I'm not understanding your understanding of where this back pay comes into play? Lump sums are increased every year to keep Pace with inflation. As far as I know there is no back pay.
l dont understand it either but the lawyer said if approved there is 2 -3 years of retro active pay earned , which to me makes sense if you use the old pension chart as the injury would be assessed as a monthly pay so you times that by 24-36,l dont know how VAC determines backpay from a lump sum,if they agree to pay me using the award chart?
Date from which disability pension payable
39 (1) A pension awarded for disability shall be made payable from the later of

(a) the day on which application therefor was first made, and

(b) a day three years prior to the day on which the pension was awarded to the pensioner.

If the original claim that was rejected was in 2004, that is prior to the NVC.
If your claim is approved, because it is on a prior claim, that claim date has precedence towards payment
You should be receiving a disability pension, and not a disability award (lump sum)
The percentage however uses the current charts

The pension will also be be backdated 3 years

The disability pension amount also depends on marital/dependant status
For example, a 10% pension, married with 2 children is around 410/month.
It adjusts every year for inflation.

by **bigrex** Sun 02 Sep 2018, 19:01

Ok, if its a reconsideration of a claim that had been denied before the NVC was enacted, if approved, the Veteran would get a monthly PA pension, with 3 years back pay. But in order to determine the actual level of disability, they would still use the current Table of Disability. Even conditions that were initially approved prior to 2006 using the old ToD, would use the new ToD, for any reassessments conducted since 2006.

by Guest Sun 02 Sep 2018, 17:24

Teager wrote:I'm not understanding your understanding of where this back pay comes into play? Lump sums are increased every year to keep Pace with inflation. As far as I know there is no back pay.

l dont understand it either but the lawyer said if approved there is 2 -3 years of retro active pay earned , which to me makes sense if you use the old pension chart as the injury would be assessed as a monthly pay so you times that by 24-36,l dont know how VAC determines backpay from a lump sum,if they agree to pay me using the award chart?
Date from which disability pension payable
39 (1) A pension awarded for disability shall be made payable from the later of

(a) the day on which application therefor was first made, and

(b) a day three years prior to the day on which the pension was awarded to the pensioner.

by Teager Sun 02 Sep 2018, 10:18

I'm not understanding your understanding of where this back pay comes into play? Lump sums are increased every year to keep Pace with inflation. As far as I know there is no back pay.

by Guest Sat 01 Sep 2018, 10:10

Bruce72 wrote:
Artie Simm wrote:
bigrex wrote:They would use the post 2006 Table of Disabilities, based on the current level of disability, and not what the symptoms were like in 2004.
so if l were to win this case , l would be looking at the earnings of married 3 kids off the pre 2006 table, retro 2_3 years ,then what ever that $ figure in the chart is as a monthly earning?

No Artie Simm, as bigrex said, you will be assessed under New Veterans Charter and if you receive a positive decision, you will have access to the benefits applicable to your disability under the NVC.

oh,sorry if I'm confused,so if the injury was assessed at 10% ,in the new charter that is about a 36000 lump sum,which is what all vets with a 1 time claim receive, how then does VAC calculate 2 years backpay out of that as there is no monthly sum?

by Guest Sat 01 Sep 2018, 04:43

Artie Simm wrote:
bigrex wrote:They would use the post 2006 Table of Disabilities, based on the current level of disability, and not what the symptoms were like in 2004.
so if l were to win this case , l would be looking at the earnings of married 3 kids off the pre 2006 table, retro 2_3 years ,then what ever that $ figure in the chart is as a monthly earning?

No Artie Simm, as bigrex said, you will be assessed under New Veterans Charter and if you receive a positive decision, you will have access to the benefits applicable to your disability under the NVC.

by Guest Sat 01 Sep 2018, 01:26

bigrex wrote:They would use the post 2006 Table of Disabilities, based on the current level of disability, and not what the symptoms were like in 2004.

so if l were to win this case , l would be looking at the earnings of married 3 kids off the pre 2006 table, retro 2_3 years ,then what ever that $ figure in the chart is as a monthly earning?

by **bigrex** Fri 31 Aug 2018, 22:31

They would use the post 2006 Table of Disabilities, based on the current level of disability, and not what the symptoms were like in 2004.

by Guest Fri 31 Aug 2018, 16:21

A lawyer that works outside VAC has reopened an injury claim that I was denied in 2004.
If the ruling is in my favor this time, I understand the vet receives 2-3 years in back pay?

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