Back Pay

[ocreswell]

if anyone can help my question is i applieded for an increase for service connected foot disability in 2005 and had another case pending at the BVA for 3 yrs for another condition ,it came back with a denial in 2009. The foot condition was awarded in 2009 with a 10% increase they only paid for 1 yr back pay. I just looked at that letter it said we may be able to pay you from the date we received your claim etc, the time has past the 1yr mark . I messed that up myself but can they do that? Its funny i have to prove to them i filled a claim in 2005. Also I have a DRO review with the case will the dro award me the back pay or am im out?

[Berta]

"it came back with a denial in 2009." did you appeal to the Court?

"The foot condition was awarded in 2009 with a 10% increase they only paid for 1 yr back pay"

Was the back pay date the same date you filed the claim?

Did that decision date fall before Dec 31, 2009?

Or did you NOD it in time and does it refer to the DRO review here:

"Also I have a DRO review with the case will the dro award me the back pay or am im out?"

[ocreswell]

thanks Berta let me clarify the back condition was denied in 2009 with the BVA.. I let the 1yr mark past for that. I opened a new claim which is pending with new findings spinal stenosis, DDD, DJD, and more only have 20% for that. Now the foot disability I filled in 2005 they said my claim is at the BVA . Which was there for 3yrs waiting on the back decision. They picked my claim back up in 2009 after it returned from the VA they granted me 10 percent increase for foot and only paid me 1 yr back pay for 2008 thats when they say they got the claim . jUST HAPPEN to look at the letter and said we may be able to pay you from the dated we recieved your claim which was in March of 2009 l let the 1yr mark pass for that. That was my question can they do that and it made me feel as if i had to prove to them that I filled a claim in 2005. But the foot condition is at the DRO for review hopefully enough evidence to up my 10% thats why i ask will they see that mistake was made?

[broncovet]

Ok, here is the bottom line. You have two choices:

1. Appeal (file NOD) within one year.

2. Not appeal within the one year time frame and you have to meet the strict "cue" standard UNLESS you can reopen the claim with "new and material evidence".

If you did not appeal within a year, then you can post the information in the "Cue" section and someone can answer if they think a CuE is possible.

[Berta]

"thanks Berta let me clarify the back condition was denied in 2009 with the BVA.. I let the 1yr mark past for that"

OK that one is done.

"Now the foot disability I filled in 2005 they said my claim is at the BVA"

"They picked my claim back up in 2009 after it returned from the VA they granted me 10 percent increase for foot"

Ok the BVA remanded the 2005 claim.

"only paid me 1 yr back pay for 2008 thats when they say they got the claim ."

Now I get it-

If I were you I would write to them and ask them to correct the EED and refer to and enclose anything from the BVA remand that reveals when the claim for foot condition was filed.

BVA decisions refer to the actual initial decision and date of it that their decision is based on.Even of the decision from BVA doesn't have exact filing date ,it would be a date that would support what you are saying here and if so-they owe you more retro because you prosecuted this specific claim continuously.

It might take just a letter.

I found error similiar in an award letter they sent me.

They had done brief audit year by year of all the DIC they erroneously had withheld from me.And sent the money.

But then quite some time later (I never NODed this letter and am sure a year or more had passed) when I discovered the audit statement had forgot quite a bit of DIC (an entire year). I sent them copy of the letter and enclosed my own calculations and

asked them, if my calculations were correct-for the rest of the money.

Soon I received a new audit letter and a check in the mail for the entire amount they owed me.

When VA makes a financial error that the award shows, should not have occurred -they can handle this stuff fast.

All in all VA as made at least four math errors in various claims I have had.Only the last one turned into a major skirmish.

Do you have a vet rep to help you pursue this?

Edited December 7, 2010 by Berta (see edit history)

[Berta]

I am assuming here that at no time did you have to re -open the foot claim since 2005.

A re -open will generate date of the re- opened claim in most cases for the EED.

[ocreswell]

I am assuming here that at no time did you have to re -open the foot claim since 2005.

A re -open will generate date of the re- opened claim in most cases for the EED.

first Berta let me thank you!!!! your an angel hope i didnt offend you... but sitting here almost crying your the first person to give me some real hope. the case is at the DRO for the foot condition for a complete review there combining all my condition into 1 and giving me a 10% rating for ples planus,hallax vagus, chronic tibial sesmosities, since June. I added an amendment an ask them to include EED for 2005 as for as a VA Rep he told me Im not going to say they will or they wont.... this is the kind of answers that I have been getting from him for yrs... I wish I had someone else to help me, been doing it on my own... reopened the back claim sending in info with ss# independent Doctor notes which is helping me matter of fact just had a doctor to assign bed rest nothing is impossible.....Got all the help from reading stories from this Website Thanks Again.....