Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Retro Pay After Bva Decision


DeeMan
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

In 2003 my 10% rating on my right wrist (Ulna) was reduce to 0%. I filed a claim in 2003 requesting an increase in my rating for my wrist and both of my knees.

I followed the procedures all the way to the BVA. I finally received a decision dated 12-23-10 increasing my rating for my wrist to 30%. My VARO received my folder

01-06-11. The appeals department regarding granting benefits started working on my file 01-26-11. My question is how far back will the VA pay me back pay?

I have heard from the initial filing date of the claim which would be in 2003, then I heard it could be the date of medical evidence. Which is it and are there any

VA regulations or policy on this, and if so where can someone find these regulations or policies. Help

Thanks

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • Moderator

In 2003 my 10% rating on my right wrist (Ulna) was reduce to 0%. I filed a claim in 2003 requesting an increase in my rating for my wrist and both of my knees.

I followed the procedures all the way to the BVA. I finally received a decision dated 12-23-10 increasing my rating for my wrist to 30%. My VARO received my folder

01-06-11. The appeals department regarding granting benefits started working on my file 01-26-11. My question is how far back will the VA pay me back pay?

I have heard from the initial filing date of the claim which would be in 2003, then I heard it could be the date of medical evidence. Which is it and are there any

VA regulations or policy on this, and if so where can someone find these regulations or policies. Help

Thanks

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=38:1.0.1.1.4&idno=38#38:1.0.1.1.4.2.68.173

J

Link to comment
Share on other sites

Thanks, I reviewed the info. "The date of receipt of the claim or the date entitlement arose, whichever

is the later" confuses me. I understand and know the receipt date of the claim (2003) but the date entitlement

arose, how do you figure that out? Would that be the date I started receiving the 10% for my

wrist or what? " Whichever is later", does that mean the older date or the most recent date?

Help again!

Link to comment
Share on other sites

It is confusing wording.

They mean entitlement by medical evidence.

The only times I see them really apply this reg is when a vet has SSDI award that predates their TDIU claim.

If the SSDI award is solely for SC and the TDIU or 100% Award, then the VA will often use the more favorable SSDI entitlement date for the EED.

I have only seen them go back one year there-for a more favorable date that "entitlement arose" in an award I have and I am sure some others here at hadit have received.

Then again successful CUE claims and those claims in which missing service records turn up years later can receive an earlier date that regarded when entitlement arose.

"I filed a claim in 2003 requesting an increase in my rating for my" .. that date will surely be the EED they use and you can NOD it if you feel they are wrong on the date.

Then again:

"In 2003 my 10% rating on my right wrist (Ulna) was reduce to 0%"

maybe when they originally awarded the 10% it was wrong and should have been higher.

The award letter will tell you more.

GOOD for you!

When they propose to reduce it is good time to ask them for MORE!!!!!

Edited by Berta
Link to comment
Share on other sites

  • HadIt.com Elder

By "later" they mean whichever date is most recent. If you were medically entitled in 1980 but never filed a claim until 2011, then it would be 2011, when you filed the claim. If you were rated 10% in 1980 and you applied for an increase, in 2011, it would be the date that your condition worsened, as shown by the medical evidence. However, if I recall correctly, the VA will rarely go back more than one year. This means if your condition worsened, in 1985, but you didn't request an increase until 2011, they would go back to 2011, with a maybe of 2010, if you're lucky. There are some variables to this.

pr

Edited by Philip Rogers
Link to comment
Share on other sites

DeeMan,

What was wrong with your wrist? The reason I ask is I had torn ligaments that were repaired and I only received 10% based on a diagnosis of having a chronic "sprain" in my wrist. And it is very rare that wrist problems arise that can be researched.

Herkemeyer

Link to comment
Share on other sites

  • HadIt.com Elder

DeeMan,

What was wrong with your wrist? The reason I ask is I had torn ligaments that were repaired and I only received 10% based on a diagnosis of having a chronic "sprain" in my wrist. And it is very rare that wrist problems arise that can be researched.

Herkemeyer

Did you have an MRI showing the torn ligaments? If so is there any chance you could submit that MRI to V.A. as new and material evidence. See 38 CFR 3.156 about new and material evidence. Also see 38 USC 5108 if there was an initial denial on your claim for service connection.

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>