When Is Retro Pay Start Day?

[13Bcannoncocker]

Wondering about when back pay retro would start. From your new open claim date? Or can it be established when you stop working and are considered unemployable from your previous employer and doc's? Since it took me one year of no employment and know idea that TDUI even existed. And I was in and out of hospitals with little to no way of even starting a new claim if I even knew. Basically I haven't worked since 01/13. Started my new claim for TDUI 02/14. Nobody seems to no the answer to this lol:)

Edited March 5, 2015 by 13Bcannoncocker

[broncovet]

The "effective date" of your claim will be the later of the date that VA recieved your claim, or the facts found, whichever is later. This, of course, assumes you will be awarded benefits, and there is not guarntee on that.

To get IU you need:

1. Evidence that you have not been working due to service connected condtions. Its not enough to just be unemployed, but your doc has to opine that you are UNABLE to work due to a service connected injury or illness.

2. The VA says you must be "unable to maintain substantial gainfull employment." SGE is defined as earning LESS than poverty level (about 11,000 per year plus or minus dependents).

There are some exceptions to the general effective date rules, such as 38 CFR 3.156, New and material evidence.

Once you do get an effective date, and an award letter, you get paid from the first day of the month following your effective date. In other words if the VA received your claim in Feb. 2014, the earliest you would get benefits is March, 2014.

[Navy04]

BroncoVet is right on bud. IU goes back to when you filed or the VA received the form, not when you stopped working. If that was the case, there would be Vets trying to get money back to Vietnam. Good luck and wish you the best.

[Philip Rogers]

broncovet is correct, except, (just to clarify for ya), you would actually start receiving the actual payment/checks on April 1st. Claim is usually awarded to the date you applied, w/benefits beginning the next month, with actual payment being received the 1st of the next or 3rd month.

pr

[MPsgt]

Wondering about when back pay retro would start. From your new open claim date? Or can it be established when you stop working and are considered unemployable from your previous employer and doc's? Since it took me one year of no employment and know idea that TDUI even existed. And I was in and out of hospitals with little to no way of even starting a new claim if I even knew. Basically I haven't worked since 01/13. Started my new claim for TDUI 02/14. Nobody seems to no the answer to this lol:)

This also, plays apart in TDIU.

The key issue in a TDIU claim is the inability of the veteran to engage in "substantially gainful employment" because of his or her service-connected conditions. "Substantially gainful employment" means to hold a job that pays at least an amount equal to the annual poverty level set by the federal government. In order to qualify for TDIU benefits, a claimant must meet the following requirements:

1. If the claimant has only one service-connected condition, that condition must be schedular rated at least 60% or more;
2. If the claimant has two or more service-connected conditions, at least one of those conditions must be rated at 40% or more, and the veteran's combined disability rating must be 70% or more; and
3. In either case, the veteran must be unemployable because of his or her service-connected conditions.

[Philip Rogers]

MPsgt - good post! Just to expand on that, those percentages don't actually have to be met. If your service-connected disability/condition prevents you from working, no matter what the percentage, they must award TDIU(38CFR 4.16(b).

pr

[13Bcannoncocker]

Thanks everyone. Makes sense! Hopefully I'll be hearing something soon. My claim has been in gathering evidence phase for 12 months now. I have completed my c&p exam about 2 months ago.