Retro Pay After Bva Decision

[DeeMan]

In 2003 my 10% rating on my right wrist (Ulna) was reduce to 0%. I filed a claim in 2003 requesting an increase in my rating for my wrist and both of my knees.

I followed the procedures all the way to the BVA. I finally received a decision dated 12-23-10 increasing my rating for my wrist to 30%. My VARO received my folder

01-06-11. The appeals department regarding granting benefits started working on my file 01-26-11. My question is how far back will the VA pay me back pay?

I have heard from the initial filing date of the claim which would be in 2003, then I heard it could be the date of medical evidence. Which is it and are there any

VA regulations or policy on this, and if so where can someone find these regulations or policies. Help

Thanks

[jbasser]

In 2003 my 10% rating on my right wrist (Ulna) was reduce to 0%. I filed a claim in 2003 requesting an increase in my rating for my wrist and both of my knees.

I followed the procedures all the way to the BVA. I finally received a decision dated 12-23-10 increasing my rating for my wrist to 30%. My VARO received my folder

01-06-11. The appeals department regarding granting benefits started working on my file 01-26-11. My question is how far back will the VA pay me back pay?

I have heard from the initial filing date of the claim which would be in 2003, then I heard it could be the date of medical evidence. Which is it and are there any

VA regulations or policy on this, and if so where can someone find these regulations or policies. Help

Thanks

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=38:1.0.1.1.4&idno=38#38:1.0.1.1.4.2.68.173

J

[DeeMan]

http://ecfr.gpoacces....1.1.4.2.68.173

J

Thanks, I reviewed the info. "The date of receipt of the claim or the date entitlement arose, whichever

is the later" confuses me. I understand and know the receipt date of the claim (2003) but the date entitlement

arose, how do you figure that out? Would that be the date I started receiving the 10% for my

wrist or what? " Whichever is later", does that mean the older date or the most recent date?

Help again!

[Berta]

It is confusing wording.

They mean entitlement by medical evidence.

The only times I see them really apply this reg is when a vet has SSDI award that predates their TDIU claim.

If the SSDI award is solely for SC and the TDIU or 100% Award, then the VA will often use the more favorable SSDI entitlement date for the EED.

I have only seen them go back one year there-for a more favorable date that "entitlement arose" in an award I have and I am sure some others here at hadit have received.

Then again successful CUE claims and those claims in which missing service records turn up years later can receive an earlier date that regarded when entitlement arose.

"I filed a claim in 2003 requesting an increase in my rating for my" .. that date will surely be the EED they use and you can NOD it if you feel they are wrong on the date.

Then again:

"In 2003 my 10% rating on my right wrist (Ulna) was reduce to 0%"

maybe when they originally awarded the 10% it was wrong and should have been higher.

The award letter will tell you more.

GOOD for you!

When they propose to reduce it is good time to ask them for MORE!!!!!

Edited February 7, 2011 by Berta

[Philip Rogers]

By "later" they mean whichever date is most recent. If you were medically entitled in 1980 but never filed a claim until 2011, then it would be 2011, when you filed the claim. If you were rated 10% in 1980 and you applied for an increase, in 2011, it would be the date that your condition worsened, as shown by the medical evidence. However, if I recall correctly, the VA will rarely go back more than one year. This means if your condition worsened, in 1985, but you didn't request an increase until 2011, they would go back to 2011, with a maybe of 2010, if you're lucky. There are some variables to this.

pr

Edited February 7, 2011 by Philip Rogers

[Herkemeyer]

DeeMan,

What was wrong with your wrist? The reason I ask is I had torn ligaments that were repaired and I only received 10% based on a diagnosis of having a chronic "sprain" in my wrist. And it is very rare that wrist problems arise that can be researched.

Herkemeyer

[deltaj]

DeeMan,

What was wrong with your wrist? The reason I ask is I had torn ligaments that were repaired and I only received 10% based on a diagnosis of having a chronic "sprain" in my wrist. And it is very rare that wrist problems arise that can be researched.

Herkemeyer

Did you have an MRI showing the torn ligaments? If so is there any chance you could submit that MRI to V.A. as new and material evidence. See 38 CFR 3.156 about new and material evidence. Also see 38 USC 5108 if there was an initial denial on your claim for service connection.