Is There A Cap On Back Pay........

[oicclouds]

Will the VA limit the amount of back pay for a claim that is 13 years old?????

Thanks, Vicki

[cloudcroft]

TMK...definitely NOT!

Retro pay can be a HUGE amount...mine was "small" at only $75K, but I've heard of some vets getting $300K and such.

-- John D.

EDIT: Sometimes, the retro will go back even farther than the date you filed, IIRC, up to one year PRIOR to your filing date if it is determined that your disability or disability worsening could be traced back that far. This is where some vets file a claim to get this EED. I don't know if I got it, but I decided to let well-enough alone and didn't contest my EED.

Will the VA limit the amount of back pay for a claim that is 13 years old?????

Thanks, Vicki

Edited November 6, 2007 by cloudcroft

[71M10]

When you say 13 years old was it filed 13 years ago and hasn't had a final decision?

Compensation is generally paid from the date that the claim was filed or ETS date for claims filed at discharge. Some claims filled in the first year after service that are on the presumptive list would also be payable to date of separation.

An exception to this rule is when a claim of CUE is filled on a prior decision.

If you have found something in your Service Medical Records from 13 years ago and are planning on filling on it presently, the claim will be paid based on date of filling (I suspect this is not the case since the posters profile indicated 100% SC).

I dont think my list contemplates every possible situation.

Other more experienced people on the board might be able to fill in any gaps.

Best regards,

Tyler

[Pete53]

There is no cap they are supposed to pay back to time you filed but they are tricky bastards. I got cheated out of 2 years on mine.

[cloudcroft]

Pete,

Did you contest it and file for an EED to get those 2 years?

-- John D.

There is no cap they are supposed to pay back to time you filed but they are tricky bastards. I got cheated out of 2 years on mine.

[oicclouds]

This is not for me. I'm helping someone else. I'm gonna have him reopen a claim originally filed in 1994 due to new and material evidence. Claim should NOT have been denied the first time, but it was and he gave up.

So I should have asked about back pay on a reopened claim from 1994.

Thanks, Vicki

[carlie]

To get retro for that, I only see two ways:

1) Newly discovered SMR's

2) Cue in the prior decision of denial

When a claim is re-opened with N&M, that sets up a new ED.

jmho,

carlie