Am I Entitled To Back Pay?

[jmlopez9]

Hello, name is Marisa from South Dakota. I have a quick question. I visited my local VA office for help on submitting my initial claim (electronically), this was in Feb 2011. I didn't hear anything and figured it was just the VA's process. Then on Jan 13 2012 I received a call/message from the VA office to whom I went for help on submitting the claim form telling me the form had never been sent, it was sitting in their system the whole year and that it was submitted the day of 13 Jan 2012. When I received a confirmation of claim for the VA regional office they had the date of 13 Jan as well. Because I can prove I originally went to the VA office to submit my claim electronically in Feb/2011 because I have the signed form, am I entitled to back pay? If not, that is fine I want to make sure I have my end covered, thank you very much!

[john999]

You might want to get a lawyer and sue your VSO. Never simply drop off evidence at the VSO and forget it. It is your claim. If due to your VSO's negligence you lose a year's worth of retro I believe you can sue them, but not the VA. If the VA never got the claim until a year after you filed it with your VSO they will point the finger at your incompetent VSO.

[broncovet]

Well, that is very strange. I have never heard of the VA calling to say, "We didnt get your application"...I mean, after all, how would the VA have ever known you applied, if they "didnt get your application?" Something smells fishy, like parts of your application was shredded.

You should have gotten an electronic confirmation if you applied via Vonapp, which is the VA's online application system.

If you sent/received emails back and forth, from the VSO, then you may be able to appeal an effective date.

I think it is many VSO's policy to "sit on the application" for a few months before submitting.

The bottom line is if you have documentation that the VA recieved your application, then you have an effective date of claim. Its all about documentation.

[Philip Rogers]

I think you're okay, if it was a VA office you originally went to and you have a signed copy of the claim. Make a few copies of that document, so nothing gets lost. Also keep notes on who you spoke to, when, and what was said, just to protect yourself. You should be able to use that original claim date and if they deny it you will win on appeal.

pr

[Gulfvet45]

Do you know have a VSO helping you? get with someone like the VFW. file for the earlier date using what you have. It may have to go to a DRO or the BVA. but fight it.