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Does Va Pay Retroactive To Disability Date?
Posted 12 November 2010 - 04:36 PM
My question is, if they find I am in fact disabled, and that it had it's start in 2000 or 2003, will the payments be retroactive to those dates or am I just out of luck for being ignorant? My records have 2 absolute nexus opinions and 3 others that infer they were caused by my limp dating back to Oct of 2000.
Posted 12 November 2010 - 08:37 PM
Posted 12 November 2010 - 11:54 PM
When they read you file, THEY ACT ON ONLY THOSE YOU PUT IN FOR, not what else they may have found along their search.
Edited by halos2, 12 November 2010 - 11:56 PM.
Posted 13 November 2010 - 12:42 AM
Edited by Philip Rogers, 13 November 2010 - 12:44 AM.
Posted 13 November 2010 - 06:14 AM
Posted 13 November 2010 - 07:31 AM
Instead, the Va usaully assumes the Vet is seeking the minimum, and often gets away with it. In other words, if you applied for benefits from a back injury, but were also being treated at the VA for depression, the Va is going to assume you dont want to apply for depression, and "overlook" it on purpose.
Then if you are awarded benefits for depression, the Va is going to try to hood wink you on the effective date. However, remember the Veteran can apply for benefits, informally, at the VA docs office.
Sometimes the VA squiggles and squirms and says that you have to "identify the benefit sought."
The following is from a BVA case and may apply"
A "claim" is defined in VA regulations as "a formal or informal communication in writing requesting a determination of entitlement, or evidencing a belief in entitlement, to a benefit." 38 C.F.R. § 3.1(p) (2008). An informal claim is "[a]ny communication or action indicating an intent to apply for one or more benefits." It must "identify the benefit sought." 38 C.F.R. § 3.155(a) (2008). VA must look to all communications from a claimant that may be interpreted as applications or claims for benefits, whether formal or informal, and is required to identify and act on informal claims for benefits. Servello v. Derwinski, 3 Vet. App. 196, 198 (1992); see also Hodge v. West, 155 F.3d 1356, 1362 (Fed. Cir. 1998) (holding that VA must fully and sympathetically develop a Veteran's claim to its optimum); Roberson v. West, 251 F.3d 1378, 1384 (Fed. Cir. 2001) (holding that VA must "determine all potential claims raised by the evidence"). Furthermore, if VA fails to forward an application form to the claimant after receipt of an informal claim, then the date of the informal claim must be accepted as the date of claim for purposes of determining an effective date. Servello, 3 Vet. App. at 200. Once the date of claim is established, the Board must determine, based upon the evidence of record, the date that entitlement to the benefit arose, to include, if possible, the date upon which an increase in disability actually occurred. 38 C.F.R. §§ 3.155, 3.400(o)(2) (2008).An exception to that rule applies, however, under circumstances where evidence demonstrates that a factually ascertainable increase in disability occurred within the one-year period preceding the date of receipt of a claim for increased compensation. In that regard, the law provides that the effective date of the award "shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date, otherwise the date of receipt of the claim." 38 U.S.C.A. § 5110 (b)(2) (West 2002); see also 38 C.F.R. § 3.400(o)(2) (2008).
Posted 13 November 2010 - 10:30 AM
Pt needs to apply for disability -- needs basic
disability exam and has no insurance to get on outside- talked w/ Chreyl VSOwho told him that C&P was only for VA purposes.
Posted 13 November 2010 - 11:55 AM
Thanks BroncoVet (Is that Denver or Boise State?) I have an entry in my med records from 2004 after I asked a VA doctor about disability that reads-
Denver...Tebow, all the way..