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Cavman

Do You Get Iu Retro?

13 posts in this topic

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?

Cavman

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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.

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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.

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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?

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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.

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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.

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