Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

How Far Back ?

Rate this question


ward86

Question

70%sc for ptsd ...ssd for my SC disability only...tdiu claim opened on Nov.2010...c&p scheduled for Jan. 27th...I have read alot here about backpay and how far back they will go if I win my claim for tdiu ....ssd found me to be disabled since 2008...my question is will VA go back the extra year for backpay or only to Nov.2010 (my date of claim)...thanks for any insight

Link to comment
Share on other sites

  • Answers 14
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

In most cases farthest back VA will go is date of claim

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

Guest terrysturgis

I agree with Pete, a line is drawn when you file a claim from there forward. Hopefully you will be granted P&T status. If not granted P&T with TDIU, appeal for it. Take care. Terry

Link to comment
Share on other sites

In my personal experience (husband's claim) the VA used his SSDI date for 100% PTSD as his earliest effective date for the VA SC award of 100% P & T for PTSD.

The SSDI date of award preceded his claim for a higher rating for his PTSD (was at 30%) by one year.

It was the date his entitlement 'arose'.

I explained how this works in this past post:

I have never seen the VA go back further however, than one year preceding the date the claim was filed.

The P & T status of that award was not detemined by SSDI, It was because he was dead by the time VA awarded the PTSD and this was a posthumous award.

If the VA is fully aware of yur SSDI records and has obtained them,they should consider the regulation in the above link and award as long as the SSDI is solely for PTSD.

In my personal experience (husband's claim) the VA used his SSDI date for 100% PTSD as his earliest effective date for the VA SC award of 100% P & T for PTSD.

The SSDI date of award preceded his claim for a higher rating for his PTSD (was at 30%) by one year.

It was the date his entitlement 'arose'.

I explained how this works in this past post:

I have never seen the VA go back further however, than one year preceding the date the claim was filed.

The P & T status of that award was not detemined by SSDI, It was because he was dead by the time VA awarded the PTSD and this was a posthumous award.

If the VA is fully aware of yur SSDI records and has obtained them,they should consider the regulation in the above link and award as long as the SSDI is solely for PTSD.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

When I got rated for 70% I was already getting ssd and the c&p report stated it...if I get p&t or tdiu wouldn't that help me in getting a eed ....not trying to make this difficult, just want to fully understand

Link to comment
Share on other sites

  • HadIt.com Elder

If you have been on SSD for ten years the VA will probably not go back to the date you got SSD to award TDIU. They may go back a year from the time you claimed TDIU. That is my experience.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use