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Retro Date For Non Nehmer , & First Time Claims Only

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vperl

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What will be the Retro DATE , for vets that have filed the very first time for the three Presumptive AO claims ?

Nothing in the proposed rules as I can find

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Well you better get over there to social chat sledge and commander bob are advertising big time with pics and all. I have already tried to warn larry j as i think they have stole his patent and it is pending from what commander bob said.

I may have to resort to legal action, I think I can one in trouble...... he has a foil hat business and is TDUI..... I will tattle to VA

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Let’s see if I can outline all this the right way:

Here’s a scenario:

Veteran files claim say in 2005, claim denied, Veteran files appeal. 2008 Veteran awarded SC of say 20 percent for a presumptive disease and receives back pay to 2005.

Now Veteran appeals for higher rating. Lets’ say in 2010 he wins his appeal for a higher rating up to say 70 percent. Now that he’s 50 percent more on his rating, Does this veteran get retro back pay of the 50 percent back to his original claim date of 2008? Or does he just start getting a higher monthly disability?

Now lets’ go a little more. Veteran appeals for IU in 2010 and later in the year the Veteran is awarded IU. Now the question again, does this veteran get retro back to 2005 for the difference between the 70 percent and the IU rating.??

I have never seen anything on this particular question before on any other forums.

Again this is just a hypothetical question.

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  • HadIt.com Elder

If the claim has been under "continous prosecution" from the initial claim date the claimant would get the retro back to 2005. Don't confuse appeal with a request for a higher rating, which I think you are. As for the TDIU the date would probably be the date you applied for TDIU, although they may go back a year if the evidence is there. jmo

pr

Let’s see if I can outline all this the right way:

Here’s a scenario:

Veteran files claim say in 2005, claim denied, Veteran files appeal. 2008 Veteran awarded SC of say 20 percent for a presumptive disease and receives back pay to 2005.

Now Veteran appeals for higher rating. Lets’ say in 2010 he wins his appeal for a higher rating up to say 70 percent. Now that he’s 50 percent more on his rating, Does this veteran get retro back pay of the 50 percent back to his original claim date of 2008? Or does he just start getting a higher monthly disability?

Now lets’ go a little more. Veteran appeals for IU in 2010 and later in the year the Veteran is awarded IU. Now the question again, does this veteran get retro back to 2005 for the difference between the 70 percent and the IU rating.??

I have never seen anything on this particular question before on any other forums.

Again this is just a hypothetical question.

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