Could you help me to understand this? If back in 2006, my husband was rated 10% for hearing loss, denied for IHD and his tinnitus issue ignored. All these years he has been receiving 123.00 a month for the hearing loss. Now upon re-opening his claim, since he has a AICD since 2004, he should be awarded 100% retro to 2006, right? Will the retro be 100% less the amount they have already paid him? I have been told they will pay him at the 90% level for retro. There is a big difference between 90% and 100% alot more than 123.00. Now I am totally confused and also he had a minor child in 2006 and 2007. They are just now calling him in for a C&P for tinnitus and re-evaluating him on his hearing loss. I appreciate your response and you have been very helpful to me in the past.
To explain, I am talking about the new rule. In 2006 he filed a claim for tinnitus, hearing loss and IHD. He was awarded 10% for hearing loss, denied IHD for not being SC at the time and tinnitus was never referenced. He re-opened his claim in April of this year. He is being called in for a hearing re-evaluation- and had to fill out a questionaire on tinnitus. He has had the ICD implant since 2004.
How will they figure his retro pay if and when it is awarded. Will he be 100% and they will deduct the 10% he has been collecting all these years? I was told no, he would be granted 90%...there is a big difference in granted 90% and 100%. He has already been informed by the VA that his is a Nehmer claim and it is ready for decision.
The claim isn’t actually "ready for decision". The new IHD rules are not in place yet. I can't predict when they will be...if ever. It isn't clear at all. Politicians have had a field day with Secretary Shinseki’s decision and it seems as if it may take forever for those rules to be put into action.
But...if it happens, his ICD is an instant 100%. Here's how it works...
He filed in 2006. That is the date of his claim. If the new rule says he is service connected for IHD and IHD is the reason for the ICD, he will be awarded 100% in the month he filed in 2006.
He will be given retro pay equal to 100% minus the money he's been paid. We’ll use hypothetical numbers to make the math a bit easier.
Let's say 100% is 3000 per month and he has been getting 300 per month and it was 48 months ago that he filed.
So, 300 x 48 = 14400 has been paid.
3000 x 48 = 144000 would be the total amount owed.
144000 - 14400 = 129600 is the final amount of retroactive award money he would receive.
He would get 129600 retro and then start getting 3000 per month. The issues of hearing and such would be deferred.