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@  carlie : (30 August 2014 - 06:27 PM) Vet211060 - I Guess They're Not That Shameful After All : - ) Congrats On Some Positive Adjudication
@  vet201060 : (30 August 2014 - 04:24 PM) Dav Sent Letter Saying I Am 100% Effective Oct 2013
@  MarkInTexas : (30 August 2014 - 12:35 PM) Wish There Was A "like" Button For Some Of These Comments.......
@  MarkInTexas : (30 August 2014 - 12:26 PM) Amen To That!
@  vet201060 : (28 August 2014 - 09:55 PM) Va Is So Shameful!!
@  artlouis : (27 August 2014 - 11:36 AM) Code 7019
@  vet201060 : (26 August 2014 - 11:41 PM) Damn Post It Notes
@  vet201060 : (26 August 2014 - 11:41 PM) True That
@  Asiadaug : (26 August 2014 - 07:46 PM) I Have Yet To Deal With Any Piece Of Va That Isn't A Dysfunctional Mess...ebenefits, Claim Filing, Billing...and To Think Our Tax Dollars Are Used To Perpetuate That Calamity!
@  carlie : (26 August 2014 - 05:39 PM) notorious kelly - loved your shout ! ! !
@  GlassRose1500 : (26 August 2014 - 03:40 PM) Would Someone Add Smc Housbound Plus Smc A&a Regular And One Smc K For Me? I Can't Seem To Do That Math!
@  Notorious Kelly : (26 August 2014 - 03:12 PM) Ebenefits Is Not A Thermometer In The Rectum Of Your Claim; It Is A Post-It Note That May Or Not Be Updated Or Accurate. Try Not To Obsess ;)
@  mcassidy : (26 August 2014 - 01:25 PM) Osa
@  Jaluluah11B : (26 August 2014 - 10:05 AM) My Reconsideration Finally Showed Up On Ebenefits As A New Claim.  gathering Evidence.  [font=Arial][size=3]Automated 5103 Notice Response Needed. [/size][/font]
@  vet201060 : (26 August 2014 - 10:00 AM) Went From Pending Decision Approval To Review Of Evidence Today, I Need To Stop Looking At It. Drives You Crazy Waiting
@  GlassRose1500 : (25 August 2014 - 09:30 PM) @coriemboh I Get My Best Claim Advice Here, But My Dav Guy Gets The Best Intel Once The Claim Is Filed
@  coriemboh : (25 August 2014 - 08:57 PM) The Average Processing Time Is 9 Months More Or Less. Every Time I Call The 800#, I Get A Different Answer. Goe, Roe....make Up Your Mind!
@  coriemboh : (25 August 2014 - 08:56 PM) I Just Want To Know Ballpark Figure Of How Much Longer My Claim Will Take. The Bills Are Piling Up. Adds To My Anxiety And Depression. Sure Wish I Could Tell Bill Collectors The Same Things Va Tells Me!
@  coriemboh : (25 August 2014 - 08:54 PM) @glassrose1500-No, I Don't. I Put In For Representation A Few Days Ago, But I'm Sure That End Won't Pan Out Until The Claim Is Closed.
@  GlassRose1500 : (25 August 2014 - 12:11 PM) Would Appreciate Feedback On My Smc Draft - Posted In The Smc Section! Tkx!

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Retro Pay


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5 replies to this topic

#1 fiasco007

 
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Posted 24 July 2012 - 09:41 PM

New to the forum, but had some questions.

Retro pay question;

If I submit a claim or submit evidence supporting a higher % on a previous claim (today, 25 July 2012), and it takes 2 or more years for me to be awarded this new %. Do I get back paid for those years while I was waiting?


Thanks in advance

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#2 stillhere

 
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Posted 25 July 2012 - 06:00 AM

Yes, if the approved disease is proved to have been around from the time you filed.

#3 fiasco007

 
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Posted 25 July 2012 - 04:56 PM

How about SSDI? are you paid for that 5 month holding period?

#4 StreetWalker

 
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Posted 25 July 2012 - 06:09 PM

No.

Also looking at your list of aliments I notice that many of them overlap and will be rated as one disability.

#5 fiasco007

 
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Posted 25 July 2012 - 06:26 PM

No.

Also looking at your list of aliments I notice that many of them overlap and will be rated as one disability.


Thanks, about the contentions, Yeah I know. this is what the VA is currently working on, and since i havent recieved anything yet, not even a proposed rating I just cut and pasted them all. Once I recieve my ratings, I will fix it to show what I recieved.

#6 broncovet

 
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Posted 26 July 2012 - 07:37 AM

Fiasco..
We can not accurately answer that question based on the information you provided. Was the "previous claim" denied? Was it a claim for increase? Was it within a year of your discharge? Is it in appeals? Do you have new and material service records?
While I can certainly appreciate why Vets do this, if you want specific answers to specific question, then you need to give specifics. If you just want a "general" answer, you dont have to give specifics.
The general rule for effective dates is that it is the later of the date applied or facts found. Unappealed RO claims become "final" in one year absent an appeal, and cant be revised in the absence of CUE. There are some exceptions however, one of which is new service records
(38 CFR 3.156 c.) There is also a possibility of either an informal or an inferred claim which can result in an EED.
If you have been awarded benefits and feel entitled to an earlier effective date, probably the first thing you need to do is file a NOD on the decision disputing the effective date.




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