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Increase In Disability Not Known


womanbsweet

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I was given 30% in 1992 for my headaches, which was the maximum at that time. When I asked for an increase in 2004, I was then given given 50%, which was the maximum at that time. They only backpaid me to the date that I filed for my increase.

When did the max for headaches increase from 30% to 50%? and since I was already getting the max and didn't know that there was an increase, how or can I get backpaid to the actual time that the increase took place?

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I'm not sure that they will go back to the date of the actual change in the ratings. They will only go back to the date you filed the claim for the increase, regardless of when the actual rating changed.

The ratings for skin changed and I was not aware of those changes. I later found this, by accident, and immediately filed for the increase for my husband. He was approved, but only back to the date that he filed for the increase, not when the actual rating change took place.

If anyone else has any knowledge of this, I also would like to know since the same thing happened to us.

mssoup1

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This is from 38 CFR -- you may be able to get an earlier effective date for that increase. I suggest you study this and see how it applies to your claim for increase.

Also, remember -- when you open up your claim for anything -- it gives VA opportunity to re-evaluate. This is my understanding and I don't post it to put a vet in fear of re-evaluation, I post it to be sure vets are aware of this.

I'm sure someone will correct me if this isn't the case. I do not know when the scheduling criteria

change from 30 % to 50 % or even if it did. As far as I could find so far 50 % has been the maximum

for a very long time.

Good luck and never give up.

carlie

§ 3.400 General.

(o) Increases (38 U.S.C. 5110(a) and 5110(b)(2), Pub. L. 94–71, 89 Stat. 395; §§3.109, 3.156, 3.157)—(1) General. Except as provided in paragraph (o)(2) of this section and §3.401(b), date of receipt of claim or date entitlement arose, whichever is later. A retroactive increase or additional benefit will not be awarded after basic entitlement has been terminated, such as by severance of service connection.

(2) Disability compensation. Earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim is received within 1 year from such date otherwise, date of receipt of claim.

(p) Liberalizing laws and Department of Veterans Affairs issues. See §3.114.

(q) New and material evidence (§3.156)—(1) Other than service department records—(i) Received within appeal period or prior to appellate decision. The effective date will be as though the former decision had not been rendered. See §§20.1103, 20.1104 and 20.1304(b)(1) of this chapter.

(ii) Received after final disallowance. Date of receipt of new claim or date entitlement arose, whichever is later.

(2) Service department records. To agree with evaluation (since it is considered these records were lost or mislaid) or date of receipt of claim on which prior evaluation was made, whichever is later, subject to rules on original claims filed within 1 year after separation from service. See paragraph (g) of this section as to correction of military records.

® Reopened claims. (§§3.109, 3.156, 3.157, 3.160(e)) Date of receipt of claim or date entitlement arose, whichever is later, except as provided in §20.1304(b)(1) of this chapter.

(Authority: 38 U.S.C. 501)

Edited by carlie
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