Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Retro after DRO decision

Rate this question


Runrdud3

Question

Today I was awarded in increase after a DRO review. When is the effective date of back-pay?

Claim initiated Dec 4, 2014

Claim denied Apr 24, 2015

Filed NOD Oct 22, 2015

Decision to grant award Jan 25, 2016

Link to comment
Share on other sites

6 answers to this question

Recommended Posts

  • 0
  • Moderator

The general rule is the effective date is the LATER of

The date you filed (Dec.4, 2014) or the date the doc said you are disabled. (facts found)   If the doc said you were disabled on Dec. 1, 2015, then that is when your backpay starts.  

Link to comment
Share on other sites

  • 0
1 hour ago, broncovet said:

The general rule is the effective date is the LATER of

The date you filed (Dec.4, 2014) or the date the doc said you are disabled. (facts found)   If the doc said you were disabled on Dec. 1, 2015, then that is when your backpay starts.  

Thanks, I did have compelling evidence that was after the file date and that date is the effective date.

 

Link to comment
Share on other sites

  • 0
13 hours ago, RUREADY said:

your effective date is when you file fool

Wow, there is no reason to call someone a fool.  The effective date is whenever VA deems your medical evidence warrants service connection.  Why else would there be so many appeals.  VA is notorious for screwing up effective dates. So Bronco is correct, your effective date should be the date the facts could be ascertain (found) that you had a disability with a medical diagnosis and a medical rationale.  

Link to comment
Share on other sites

  • 0

What exactly does your DRO "Review" Award letter say?

What RO are you with? A DRO Review Decision in what, 3 months, speed of light! Good for you!

As to your Retro, I'm surprised it didn't hit your Direct Deposit about 3 wks before you actually received the Award Letter. My Retros, reg claims or DRO Hearing Awards, have always preceded the Award Letters.

As to how far back the Retro can go, usually the Claim Filing Date. However, the Rater can go back, I thinks it's a yr prior to the Claim Filing Date; if a DX of the condition is present. You need to research the VA Regs on effective dates, you can always request an EED, right. The main thing is the actual DRO Award.

You list yourself as 80% SC'd, is that pre or post, DRO Decision. Did you already have the N & M Evidence in your possession at the time of the Denial, you NOD'd in 5 months? Can you share the nature of the N & M Evidence that obviously made the difference?

Semper Fi

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use