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Back Pay Question

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cuzeyecan

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Hello,

I have a back pay question to whomever may have the answer or point me in the right direction.

I retired and was awarded 20% compensation back in 2011 but wasn't awarded any compensation for Tinnitus, they said it wasn't service connected. But since then I have been increased from 20% to 50% in 2015 and still denied for Tinnitus. But just recently after filing a NOD I was finally awarded my claim for Tinnitus bumping me up to 60%. My question is, "am I entitled for back pay from the original claim dating back to 2011 or 2015? Ebenefits says effective date is 3/30/15.

Thanks in advance

 

 

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Well, yes, "with an astrick".  You should get back pay from April 1, 2015 to today for 60 percent MINUS any applicable compensation already received.   Your effective date(s) will be what it says on the decision.  

(Payment is the first of the month, in the month FOLLOWING your effective date).  

If you dispute the effective date for tinnitus, or anything else, the procedure is to file a NOD, on the applicable form, and state that you dispute the effective date(s) and why.    For example, you can nod the tinnitus effective date alleging that it should be 2011 when you first applied.  

Your effective date will be the LATER of the date you applied or facts found (the date the doc said you had tinnitus), with some exceptions.  

If your C and P exam doc diagnosed you with tinnitus in 2015, but NOT in 2011, then for you to win an EED will mean you need to refute that evidence with other competent medical evidence, such as an IMO/IME.  

Edited by broncovet
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