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Do You Get Iu Retro?


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12 replies to this topic

#1 Cavman

 
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Posted 01 December 2006 - 09:16 AM

If you win your appeal, do you get retro pay from the date of the original claim or do you have to ask for that as part of your appeal?

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#2 Guest_jstacy_*GuestMember

 
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Posted 01 December 2006 - 09:24 AM

Retro is based on 38 cfr 3.4 effective date of a claim. It states the date of recpt for a claim or date whichever entitlement arose whichever is later.

Either you will get paid to the day the VA received the claim or when you were determined to be totally unable to work.

Keep an eye on the effective date to ensure they do it correctly.

#3 Philip Rogers

 
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Posted 01 December 2006 - 10:07 AM

I think the VA starts payment from the first of the next full month after the award date and payment is received the 1st of the following month. So if you applied on 4/15 and they awarded 4/15 as the award date, compensation would begin on the next 1st of the month (ie: 5/1), with payment actually being received on 6/1 for May. Anyone, please correct me if wrong.

pr


Retro is based on 38 cfr 3.4 effective date of a claim. It states the date of recpt for a claim or date whichever entitlement arose whichever is later.

Either you will get paid to the day the VA received the claim or when you were determined to be totally unable to work.

Keep an eye on the effective date to ensure they do it correctly.



#4 Brandy

 
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Posted 01 December 2006 - 10:13 AM

I am in a situation similar to Cavman. We have filed for IU among many other secondary conditions due to my husbands DMI. This is our first claim since his first evaluation right after service. He has been on SSDI since 1997. I specifically asked the VA in my first letter to them, asking for retroactive payment back to 1997 since he has not worked since that time. Of course, at that time I did not know too much about the VA or had not found this site. The only thing I knew was that if I did not ask for retro, they did not have to consider it. I have read that somewhere.

John, so your saying the VA will pay you retro based on when you were determined to be totally unable to work and you don't necessarily have to request it?

#5 john999

 
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Posted 01 December 2006 - 10:40 AM

You would most likely get retro for IU from the time you applied for it. The VA won't go back ten years just because you had SSDI but had not applied for IU unless you had an informal or applied claim for it. If there is something in the veterans medical records saying he/she is unemployable due to the service connected disability this would be a date worth fighting for to try and get retro. The VA will have to be dragged, kicking and screaming back to the original implied IU date. You need to have something in the VA medical file showing the vet was unemployable and the VA knew, or should have known about it to get a much earlier effective date for retro. If you have an appeal in for an increase and you were unemployable all that time you may be able to get the original date of filing as long as their is no new evidence the VA can claim is the reason for the IU. This is exactly what happened to me. I had a five year old claim for an increase. They finally granted the incease but I had filed new evidence in the meantime. The VA used the date they received the new evidence as my effective date for IU. I filed the claim for increase while I was still employed ,but by the time it was all resolved I was unemployed and unemployable. The main thing is that the VA must have some evidence that you were unemployable in the file at such and such a date to get retro to that date.

#6 Guest_jstacy_*GuestMember

 
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Posted 01 December 2006 - 11:36 AM

I think the VA starts payment from the first of the next full month after the award date and payment is received the 1st of the following month. So if you applied on 4/15 and they awarded 4/15 as the award date, compensation would begin on the next 1st of the month (ie: 5/1), with payment actually being received on 6/1 for May. Anyone, please correct me if wrong.

pr


Phillip you are totally correct . The first of the next month after a claim has been decided.

#7 Berta

 
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Posted 01 December 2006 - 11:50 AM

You right John- of course-
The VA could award a year prior to the date of claim with good medical evidence of IU but if a claim had never been filed before then there is no way to even CUE it for more retro- as there is no decision to CUE.

I spent much time here today because my woodstove man was supposed to come and clean the woodstove and inspect it-that usually takes a half hour but in the hills of New York, a job like that usually involves a few hours of BS too---this is a very laid back environment.

The woodstove guy's girl friend called me last night to tell me he could not get here today and she said he was looking forward to talking to me about his VA claim-
apparently he filed a claim a few months ago-his first one- due to acoustical hearing loss-and is surprised he has not gotten an award yet-
and he thinks they will pay him back to when he was in a tank operation in Vietnam.

Geez- he is at my VARO- 3 months to 3 years on their decisions-
and I dont know where he got this big 40 years of retro idea-
his girl friend said he had a vet rep but she didnt know who.
Hope it isnt the same one I have had.

#8 Cavman

 
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Posted 01 December 2006 - 05:18 PM

I filed my original claim Nov. 2005 and was unemployed at that time unable to work.

Cavman

#9 Philip Rogers

 
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Posted 01 December 2006 - 08:59 PM

If awarded to original claim date, comp would start 12/1/05 and if paid today you would receive 11 months payments.

pr


I filed my original claim Nov. 2005 and was unemployed at that time unable to work.

Cavman



#10 Guest_jstacy_*GuestMember

 
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Posted 01 December 2006 - 09:46 PM

I filed my original claim Nov. 2005 and was unemployed at that time unable to work.

If you were unemployed or terminated or left on disability before you filed the claim, they may pay you up to 1 year earlier as the date entitlement arose.

For example, I filed for a claim in June 06 and was paid back to Feb 06 to the date the entitlement was shown. It does not always work that way but it may give you an idea of what to expect.

#11 john999

 
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Posted 02 December 2006 - 10:44 AM

Vets and the public must know the VA is not giving away anything especially not 20-30 years of retro on a claim filed last year. The VA has thought this thing through to deny people like AO vets their due compensation. If an RVN vet develops cancer in 2005 when did the injury occur? In my mind it occurred during service in RVN but that is not the way the VA looks at it.

#12 Cavman

 
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Posted 02 December 2006 - 11:26 AM

john999:


I think the V.A. knows its rediculous, but they also know we do not have the resources to fight this. With the money and a good lawyer there is no way you would lose the case of proving you contracted the cancer while in Vietnam. The V.A. admits this in having a presumed cancer list caused by dioxin contact while there.

It kind of relates to the PTSD claim also. Does the V.A. think we just started thinking about wasting someone while in combat in our 50`s? We have dealt with the memories and side effects of the memories since the day each situation happened. I do realize combat situations are different. I really don`t buy a permanent disability for a guy in one firefight, but thats another story.


Cavman

#13 Guest_jstacy_*GuestMember

 
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Posted 02 December 2006 - 07:36 PM

One of the all time va statements I always see is this" manifest to certain degree" They say a disease has manifest to a certain degree over a period of time.




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