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Retro Pay
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2025 VA Disability Compensation Rates an Pay Dates
Tbird posted a question in VA Disability Claims Research,
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VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know
Tbird posted a record in VA Claims and Benefits Information,
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
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Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
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Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
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”-
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Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
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Question
USCG CWO4
Just curious if any other retirees have run into this:
Got rated at 90% on 01 Sep of this year.
Retirement date was 01 May of this year (I know this was really quick and I am very happy).
Was told in September that I would receive retro pay from the 01 May date, after CDRP issues were cleared up and that it could take up to 75 days.
Received brown envelope with rating award
By Sep 13 the VA received the report on retirement pay and CDRP from the pay center
01 Oct I received my first payment from the VA for my 90%
Received paper copy from the pay center confirming calculation of the CDRP calculation
All this time my claim has been at prep for notification
Towards the end of Oct I got a call from the VA concerning another matter and I ask the woman about my retro pay, she basically told me that they don't pay retro pay and that they were already paying me monthly. I chalked this up to her not knowing what she was talking about. Earlier this week my claim moved from prep for notification to review of evidence (not sure why). Talked to a VA rep yesterday (concerning monthly stipend for kids in school) while on the phone I asked him about the retro pay, because I am almost at the 75 days. He informed me that I would not be getting retro pay until my claim was closed and that he didn't understand why I was getting monthly payments, as my claim was back in the review stage. I told him that I had already received my award letter and was not sure what was happening either. He said he could not put in an inquiry, because we were short of the 75 days.
Ok has anything like this happened to anyone else? Is he correct in that I will not get the Retro pay until the claim is closed? I seem to get different answers every time I call or they call me. They are all very nice but don't seem to know what is going on. Is this something I need to address or should I just sit on my hands and wait? I know my process has been quick so far, especially compared to others on these boards, I would just like to get things settled and finished so that I can somewhat close this chapter on my retirement.
Take Care
Bob
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