I understand that a reconsideration is an reopen claim. In Jan 2008 filed a claim for different impairments in Sep 2008 received rating decision that new material and evidence was submitted so claims remained denied. An IME was submitted for each of the impairments which now satisfies the new material and evidence requirment. I asked the VA via the iris systems will the pay be retroactive from Jan 2008 and they told me NO because It is not an appeal it an reconsideration which is just a reopen, and if we appeal it will go back to Jan 2008.

I read somewhere that the pay should be retro. from the orginigal claim date. Can anyone help and provide me with the reference so I can go back at them.

Thanks Reggie

A Reconsideration Request does not replace a formal NOD. As you know-

I always make the point that if a vet files Recon Request, they need to mark thir calender for the pending NOD year cut off date- because the VA might not even acknowledge this type of request with the year after decision- and if the vets then fails to file th NOD- the VA goes whoop ti do- the vet has lost their appellate rights.

In your case -the VA seems to be dead WRONG.

Iris is getting as bad at the 800#

If the evidence shows that you were XX% at time of filing the claim-and you continuously prosecuted it (as you did with this request) and since you got Sept 2008 rating decision-
the year for your NOD isnt even up yet-

what was the actual Iris status- is it in a rating board?

The date for your retro should be the date you filed the claim.I have never seen that EED affected adversely by a reconsideration request.

???? This is a new one for me.

Can you scan and post the actual wording Iris used?

Here's the response

Because this is a reopened claim, not an appeal, the payments would not be retroactive back to January, 2008. A reopened claim is much faster than an appeal. An appeal would take much longer, but the benefit would be retroactive back to the original date of claim. If you would like to have this treated as an appeal, please let us know.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

E. J. Kruse
National IRIS Response Center Manager
js

I still dont get this Iris response at all.

Do you have a vet rep?

This is one of the reasons why I am so against veterans filing reconsiderations. Yes, it is accurate infomation. The VARO DOES NOT have to acknowledge the original date of claim when a vet files a reconsideration. They only consider in a few cases.

Berta, if you recall when Vike17 posted the self help guide for veterans claims on this website way back when...he discussed this very matter. I attempted to post the same from what he posted because so many of the new comers on Hadit are not understanding that a reconsideration may be faster but it is NOT thge best route to take when it concerns a disagreement with decision made on your claim.

In this vets case, the IRIS is correct. Because this vet opted for a reconsideration based on new and material evidence the claim was reopened rather than adjudicated as an appeal.

The upside,however, is that if the vet is still disastisfied with the decision they can submit an NOD. But vet gave up the right to file an NOD when the choice was made to merely have the RO reconsider the information.

PLEASE CHECK THE VETERANS SELF HELP GUIDE PROVIDED VIKE17

Title 38: Pensions, Bonuses, and Veterans' Relief
PART 3—ADJUDICATION
Effective Dates


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§ 3.400 General.
Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.

(Authority: 38 U.S.C. 5110(a)) (a) Unless specifically provided. On basis of facts found.

( Disability benefits—(1) Disability pension (§3.3). An award of disability pension may not be effective prior to the date entitlement arose.

(i) Claims received prior to October 1, 1984. Date of receipt of claim or date on which the veteran became permanently and totally disabled, if claim is filed within one year from such date, whichever is to the advantage of the veteran.

(ii) Claims received on or after October 1, 1984. (A) Except as provided in paragraph ((1)(ii)( of this section, date of receipt of claim.

( If, within one year from the date on which the veteran became permanently and totally disabled, the veteran files a claim for a retroactive award and establishes that a physical or mental disability, which was not the result of the veteran's own willful misconduct, was so incapacitating that it prevented him or her from filing a disability pension claim for at least the first 30 days immediately following the date on which the veteran became permanently and totally disabled, the disability pension award may be effective from the date of receipt of claim or the date on which the veteran became permanently and totally disabled, whichever is to the advantage of the veteran. While rating board judgment must be applied to the facts and circumstances of each case, extensive hospitalization will generally qualify as sufficiently incapacitating to have prevented the filing of a claim. For the purposes of this subparagraph, the presumptive provisions of §3.342(a) do not apply.

(2) Disability compensation—(i) Direct service connection (§3.4(b)). Day following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later. Separation from service means separation under conditions other than dishonorable from continuous active service which extended from the date the disability was incurred or aggravated.

(ii) Presumptive service connection (§§3.307, 3.308, 3.309). Date entitlement arose, if claim is received within 1 year after separation from active duty; otherwise date of receipt of claim, or date entitlement arose, whichever is later. Where the requirements for service connection are met during service, the effective date will be the day following separation from service if there was continuous active service following the period of service on which the presumption is based and a claim is received within 1 year after separation from active duty.

© Death benefits—(1) Death in service (38 U.S.C. 5110(j), Pub. L. 87–825) (§§3.4©, 3.5(). First day of the month fixed by the Secretary concerned as the date of actual or presumed death, if claim is received with 1 year after the date the initial report of actual death or finding of presumed death was made; however benefits based on a report of actual death are not payable for any period for which the claimant has received, or is entitled to receive an allowance, allotment, or service pay of the veteran.

(2) Service-connected death after separation from service (38 U.S.C. 5110(d), Pub. L. 87–825) (§§3.4©, 3.5(). First day of the month in which the veteran's death occurred if claim is received within 1 year after the date of death; otherwise, date of receipt of claim.

(3) Nonservice-connected death after separation from service. (i) For awards based on claims received prior to October 1, 1984, or on or after December 10, 2004, first day of the month in which the veteran's death occurred if claim is received within one year after the date of death; otherwise, date of receipt of claim.

(ii) For awards based on claims received between October 1, 1984, and December 9, 2004, first day of the month in which the veteran's death occurred if claim is received within 45 days after the date of death; otherwise, date of receipt of claim.

(Authority: 38 U.S.C. 5110(d)) (4) Dependency and indemnity compensation—(i) Deaths prior to January 1, 1957 (§3.702). Date of receipt of election.

(ii) Child (38 U.S.C. 5110(e), Pub. L. 87–835). First day of the month in which entitlement arose if claim is received within 1 year after the date of entitlement; otherwise, date of receipt of claim.

(iii) Deaths on or after May 1, 1957 (in-service waiver cases) (§§3.5((3) and 3.702). Date of receipt of election. (See §3.114(a)).

(d) [Reserved]

(e) Apportionment (§§3.450 through 3.461, 3.551). On original claims, in accordance with the facts found. On other than original claims from the first day of the month following the month in which:

(1) Claim is received for apportionment of a veteran's award, except that where payments to him (her) have been interrupted, apportionment will be effective the day following date of last payment if a claim for apportionment is received within 1 year after that date;

(2) Notice is received that a child included in the surviving spouse's award is not in the surviving spouse's custody, except that where payments to the surviving spouse have been interrupted, apportionment will be effective the day following date of last payment if such notice is received within 1 year after that date.

(f) Federal employees' compensation cases (§3.708). Date authorized by applicable law, subject to any payments made by the Office of Workers' Compensation Programs under the Federal Employees' Compensation Act over the same period of time.

(g) Correction of military records (38 U.S.C. 5110(i); Pub. L. 87–825). Where entitlement is established because of the correction, change or modification of a military record, or of a discharge or dismissal, by a Board established under 10 U.S.C. 1552 or 1553, or because of other corrective action by competent military naval, or air authority, the award will be effective from the latest of these dates:

(1) Date application for change, correction, or modification was filed with the service department, in either an original or a disallowed claim;

(2) Date of receipt of claim if claim was disallowed; or

(3) One year prior to date of reopening of disallowed claim.

(h) Difference of opinion (§3.105). (1) As to decisions not final prior to receipt of an application for reconsideration or to reopen, or prior to reconsideration on Department of Veterans Affairs initiative, the date from which benefits would have been payable if the former decision had been favorable.

(2) As to decisions which have become final (by appellate decision or failure to timely initiate and perfect an appeal) prior to receipt of an application for reconsideration or to reopen, the date of receipt of such application or the date entitlement arose, whichever is later.

(3) As to decisions which have become final (by appellate decision or failure to timely initiate and perfect an appeal) and reconsideration is undertaken solely on Department of Veterans Affairs initiative, the date of Central Office approval authorizing a favorable decision or the date of the favorable Board of Veterans Appeals decision.

(4) Where the initial determination for the purpose of death benefits is favorable, the commencing date will be determined without regard to the fact that the action may reverse, on a difference of opinion, an unfavorable decision for disability purposes by an adjudicative agency other than the Board of Veterans Appeals, which was in effect at the date of the veteran's death.