Retro Pay After Bva Decision

[DeeMan]

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

[deltaj]

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!!!!!

There is a regulation V.A. uses at 38 CFR 3.400 (o) (2) for SSDI claimants who received an award prior to the date they filed a claim for V.A. benefits. I am helping a veteran who was awarded SSDI on a particular date beginning in 1986 and two days before the one year anniversary of his SSDI award filed a claim in 1987 in a V.A. hospital for increase. Unfortunately that claim was supposedly not received by VARO until one year and one day after the date benefits were awarded in the SSDI claim. This veteran was eventually granted 100% as of VARO's date of recipt of the 1987 claim for increase. The regulation at 38 CFR 3.1 defined date of receipt as the date evidence was received by the Veterans Administration. That veteran received a box of V.A. records lately and the claim is there but the rear side of that claim is not date stamped. Furthermore, there is no transmittal form for the claim showing if it was sent from a service officer at the hospital or hospital personnel. Some of the evidence from Social Security is there but there is a name of a doctor listed in the Social Security records and that doctor's report from 1986 is not there. Mysterious, isn't it how documents that might give a veteran entitlement to an earlier effective date seem to be missing? Most of the other documents are double sided and have date stamps on the reverse side. I failed to check the 1978 claims for date of receipt. I think V.A. is fulling a fast one. Also there was a 1978 claim for increase on his service connected mental condition filed at the same time he filed a seperate claim for a back condition.

The first page of that rating decision is missing from the records. V.A. refused to grant a V.A. examination and stated in a letter something like, "Your disabilities are not permanently and totally disabling." It looks like V.A. denied both claims in the same letter. V.A. had a social workers report at the time that stated something like, "Situation is unchanged. Veteran gets jobs but cannot keep jobs." This veteran has a service connected mental condition. Any thoughts on what I should do with this situation to help this veteran?

Edited February 16, 2011 by deltaj

[Berta]

Delta:

"who was awarded SSDI on a particular date beginning in 1986"

The award letter date is different than the entitlement date for SSDI-

"Mysterious, isn't it how documents that might give a veteran entitlement to an earlier effective date seem to be missing?"

Yeah - I could write a book on the VA's MF (Mysterious force who removes the good stuff) I know them well.

Was the SSDI award solely for a service connected condition?

Was the SSDI award listed as evidence?

It looks to me like they broke 38 CFR 4.3 and 4.6- the evidentary requirements for adjudication by not considering all of the pertinent medical evidence ( as SSDI is actually an IMO)

"V.A. refused to grant a V.A. examination and stated in a letter something like, "Your disabilities are not permanently and totally disabling." It looks like V.A. denied both claims in the same letter. V.A. had a social workers report at the time that stated something like, "Situation is unchanged. Veteran gets jobs but cannot keep jobs."

Can you scan and attach that decision here?

(Cover personal info)

These claims are from the days of the "not well grounded claim" BS.

"

Unfortunately that claim was supposedly not received by VARO until one year and one day after the date benefits were awarded in the SSDI claim. "

From what I see here that shouldn't matter.The SSDI award and entitlement date (if solely for the same claimed SC condition the VA awarded) should have been used to determine a proper EED.

I always use personal example:

Husband filed for increase in PTSD in 1992 (he was at 30%)and also a Sec 1151 claim in 1994.

After he died VA made posthumous PTSD SC 100% P & T with EED of Nov 1, 1991.

It was same date of his SSDI entitlement solely for PTSD.The last day he worked. The Sec 1151 claim was awarded in 1998.

My husband however had 2 SSA awards-it caused some confusion on VA's part and I had to explain that to them more then once-Is it possible this vet ever filed for a SSA reconsideration for some reason?

It would help to see those older denials as to how they considered his SSDI award.