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Back Pay For Errors In Decision That Was Made By The Va


Cornelia Huebscher
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Question

Would it be a hoot, if the VA would actually would pay back to 1997, because the made an error?How many have gotten back pay due errors by the VA? Would be interesting to see if it actually happens. Cornelia https://iris.va.gov/scripts/iris.cfg/php.ex...;p_sp=undefined Can I get back compensation payments?

Inquiry

Can I get back compensation payments?

Answer

Generally VA can only pay benefits based on the date of claim. This applies in the case of an original claim a claim for an increased evaluation or a claim to add a new disability. If VA finds a clear error was made in an earlier decision you may receive additional back pay based on that prior claim.

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  • HadIt.com Elder

Cornelia:

Welcome to Hadit. The VA is very stingy with back pay and it usually will not go back farther than when the claim is filed.

Good Luck

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Sometimes a SSA award for same SC disability can generate a year more of retro- depends on whether the SSA awarded prior to the VA's decision-with a more favorable EED-

Also the VA had sattempted to withhold MILLIONS from AO vets- by overlooking the specific retro requirements of the Nehmer decision.

When NVLSP found they were doing this these attorneys went into the VA and got millions in retro comp properly paid to these veterans.That was years ago but we have had 2-3 vets here who they tried to pull that BS on- and I sent them the Nehmer OCurt Order and they got their proper retro-

I think this happens more than we know-

if an AO vet doesnt understand th provisions of Nehmer and had an AO claim denied in the past-but then awarded at some point-

and they have a vet rep without a clue-

they could have lost significant retro money-

BUT a CUE claim would sure get it all back-

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Cornelia,

It would be vary hard for me to overturn the VA's decision to not honer my claim for my back injury at my time of seperatation. They stated I was treated only once and they were right. What they don't have and neither do I since this was late 1991, Is the doctors verbal statement to me telling me I will heal and "just learn to live with some pain". Bad advise, I followed up until I could no longer. I will be shocked if I can get them to admit it is SC, and if they then rate it high or low. The system seems vary unfair. Good Luck on your back Retro.

Storm

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  • HadIt.com Elder

I speculate the va may just backpay a veteran, seems the decision is in their hands, with medical data and the regulations. If a decision is made in favor of the vet, its how their experts interpet 'may recieve' in their decision. I am not sure how to understand the 'on the date of the claim' except simply the sc date and pay starting point. The regulations M21 and 28CFR are much more detailed if I recall. I feel if veteran is due backpay, give backpay - just dream if interest applied!

Now if the veteran happened to be a retiree with crdp, backpay to correct an sc disability rating error maybecould be awarded.

Sure hard to figure if 'backpay' for sc disability date award correction before crdp would be issued in green bills ...or simply 'va waivered' away'.

Maybe someone here has more experience with 'backpay'. I only recieved backpay a few times & within the crdp timeframe.

Now if the veteran happened to be a retiree with crsc, I hope thats even better news, no clue here.

Bottom line, balls in their court and we just pray for a truthful, swift resolution to our claim.

Cg'up2009!

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  • HadIt.com Elder
Would it be a hoot, if the VA would actually would pay back to 1997, because the made an error? .

The VA should be required by law, to pay interest on all delayed claim decisions.

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