Can This Be Retro Pay?

[julzs71]

About 7 years ago I filed a claim for an increases. They mailed an appointment for me, however they sent it to me with my maiden name. My mailman returned it since he never knew my maiden name. I got a letter saying that I did not show up so they were unable to review my case. I called them back and told them I never got the letter and they realized they made a mistake by sending it under the wrong name. Now they never rescheduled me for a C&P exam. Do you think they would retro from 7 years ago since it was their mistake?

[LarryJ]

After 7 years of no input from her, no NOD, etc., then you can pretty well bet that the claim has been "closed out". In which case, she will have to file, at the least, "new and material evidence" to re-open, and, even then, they will only go back to the "last" date, the date that the "new and material" was filed.

[poolguy11550]

LarryJ- your right.

julzs- I would contact your original VSO and inquire if she had kept any files with some information that may be helpful.

[Berta]

7 years is a long time not to hear more from the VA on this claim.

I think the claim was closed.

I see you are 70% SC now- are you unable to work due to the 70%?

Do you get SSA disability for the same 70% conditions?

If so I suggest you apply for TDIU- Total Disability due to Unemployability. 100% compensation rate.

[LarryJ]

I "second" Berta's Motion.

Much simpler to do, with the same end results. Easier on everybody.

And, if you aren't receiving SSDI, you should be, provided you can not work.

[carlie]

No, I do not feel you will get retro pay.

It is always up to the claimant to follow up.

You might fall under Abandoned Claims.

jmho,

carlie

http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr3.158.htm

Sec. 3.158 Abandoned claims.

(a) General.

Except as provided in Sec. 3.652 of this part, where

evidence requested in connection with an original claim, a claim for

increase or to reopen or for the purpose of determining continued

entitlement is not furnished within 1 year after the date of request,

the claim will be considered abandoned. After the expiration of 1 year,

further action will not be taken unless a new claim is received. Should

the right to benefits be finally established, pension, compensation,

dependency and indemnity compensation, or monetary allowance under the

provisions of 38 U.S.C. chapter 18 based on such evidence shall commence

not earlier than the date of filing the new claim.

[mags1023]

No, I do not feel you will get retro pay.

It is always up to the claimant to follow up.

You might fall under Abandoned Claims.

jmho,

carlie

http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr3.158.htm

Sec. 3.158 Abandoned claims.

(a) General.

Except as provided in Sec. 3.652 of this part, where

evidence requested in connection with an original claim, a claim for

increase or to reopen or for the purpose of determining continued

entitlement is not furnished within 1 year after the date of request,

the claim will be considered abandoned. After the expiration of 1 year,

further action will not be taken unless a new claim is received. Should

the right to benefits be finally established, pension, compensation,

dependency and indemnity compensation, or monetary allowance under the

provisions of 38 U.S.C. chapter 18 based on such evidence shall commence

not earlier than the date of filing the new claim.

Great answer Carlie. That pretty much hits the nail on the head.