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Va Changing The Rules?


maxwell18
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I have been going around with the VA reference back pay for a 100% P&T rating made 4/2005, but the effective dates go back to 2003 and 2004 bring the 100% effective in 2004. I contacted the VA by e mail (after many letters and phone calls) got answers to everything except the earlier effective date. I replied to thier e mail and got a call this am asking what do i want. After over a hour, believe or not he still ask me what I wanted. He said you can be 60% P&T or any percentage between 100 % and down and be P&T? He then said you have to have chap 35 to get P&T so the earlier date don't mean any thing unless I was chap 35 the earlier date. I still don't understand when you get a earlier effective date you should be get the back pay. He was put out because I had so much communications with the VA on thier commputer. I told him if the VA would communicate instead all the deception and delay tatics we the veterans would get the proper customer service. He told me the 800 guys have 4 minutes to service the calls. Sorry for the lone post

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  • HadIt.com Elder

When the BVA Judge granted me benefits, I was awarded back to 1992 thus giving me 16 years of retro pay.

What is Chapter 35. To my knowledge, I don't have it and I remained to this date at 70%

Betty

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Maxwell, I was told by email the the Iris was not a forum for back and forth answers and to contact my POA VSO? Well if they would do their job we would not have to worry about that. I am about ready to drive the 6 hours to the VARO and I am not sure what I will take with me!

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  • HadIt.com Elder

Betty:

You can choose to start your Chapter 35 Benefits from the date of notification which was recent. That means you have 10 years for your husband to use it. Also kids could use it if they were under 25 when you filed your claim. Its complicated but flexible unlike anything else you will do with VA.

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To add some info, the guy from the va told me the ISIS was not for back and forth, but for some reason he hung in there talking to me. But he kept saying he already told me the answer to my question at the start of the phone call. That did not happen. I explained to him I wanted the answer to: 2005 rating 100% P&T BUT the effected date was 2004, should I receive back pay to the effective date?. Then he threw in the chap 35 stuff, the 2005 rating did grant chap 35. But it still did not address the earlier date.

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Maxwell - can you tell us exactly what the decision said as to your EED?

The EED depends often on when you filed the claim that produced the 100% P & T award.

Did you file a NOD on the decision and tell them why you thought they were wrong? no one at Iris or the 800# can answer that question for you-

also- was this a claim involving Agent Orange?

AO EEDs under the Nehmer Court Order are unlike all other EEDS and the VA has made many EED retro errors in AO claims.(they tried to snooker millions in comp from AO vets years ago)

AN SSA award for the same SC that preceded the VA award also could trigger a potentially favorable EED prior to filing the claim.

The decision should state how they determined the EED and how the retro was determined.

If we know more as to what VA said we can help better-

Edited by Berta
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