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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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