I Successfully Was Award 100% Iu P And T, But They Didn't Pay Back To Date Of Claim?

[yoopergirl]

So, my original date of filing for IU was Jan. 2011, denied in August of 2013, sent in new evidence (based on social security awarding me disability back to 2009 for my sc disabiities), then VA awards me 100% IU PT, in Feb 2014 but only paid me back to September of 2013. The only thing I see in any of my records with that date is a letter I requested from Voc. rehab to add that I was no longer in voc. rehab. the letter was dated in september but I had been out of voc. rehab recommended by my shrink since Nov of 2012. Isn't it odd to not give me backpay to even the day I filed for reconsideration? (Feb 2013). I feel I should have been backpaid to the original claim date but I just got a denial saying that they won't reconsider without additional information. I am at a loss, any advice?

Thanks!

[Valhalla0321]

And i started most of my stuff in 2000 and that date is a wash due to the VA saying i did not respond to a letter they sent to me in another state address... it bites.. VA=MoneyMakingMachine.

[broncovet]

Fighting the effective date often requires a lawyer. Generally, tho, your effective date will be the later of the date you applied or facts found, that is, the date the doc said you were unemployable. There are, however, several exceptions to the general rule on effective dates. Some of them are:

1 . New and material Evidence 38 CFR 3.156 a, b, and c. Look these up, I wont repost it here.

2. If you are within a year of getting out of the service.

3. Informal and inferred claim dates. Again, I wont repeat these rules here.

4. Check the rules on an "increase", this may also entitle you to an EED often overlooked by VARO.

5. Look at the "reasons" you were awarded SSD, as well as the date. If Social Security awarded disability FOR SERVICE CONNECTED REASONS, then you have a case for an EED.

6. Clear unmistakable Error can result in an EED.

[broncovet]

Also, its your money, but this is what I would (did) do:

1. Order your Cfile or RBA if you have not already to see the actual evidence VA used for decision.

2. Study this, along with your RO decisions, and your cfile, thoroughly:

http://www.purplehea...ate ErrorsL.pdf

3. Consider taking all of the above to an experienced lawyer who represents Veterans, such as Katrina Eagle, Mr. Carpenter, Bergman and Moore, and, last but not least Chris Attig. These law firms are all experienced and have won money for claimants. There are still other good ones, too..Ask nod had good luck with Bob Walsch up in Washington State. Most of these firms will review your claim and make recommendations on an appeal, and will represent you if they feel you have at least one issue that has merit.

[Navy04]

Congrats on the IU, but this has been listed on here multiple times. If you submit an NOD or Appeal, then you will be granted Retro to the originally filing date of claim. If you Reopen or Submit for an increase, then if that Condition is granted, then the increase in pay is Granted the following month to be paid, because VA pays in the Rear. There are a lot of Vets that get this info wrong, and then they Jam the VA with Crap Claims that just makes it harder for the Vets with no SC, Homeless or Struggling to get SC. Good luck

[Berta]

"sent in new evidence (based on social security awarding me disability back to 2009 for my sc disabiities),"

If the SSDI award was Solely for SCs, did they mention that award date and the SSDI records at all in the decision?

"So, my original date of filing for IU was Jan. 2011,"

Since it is apparent that the SSDI award date preceded the filing of the claim, I feel your proper EED might should have been Jan 2010., the regs are here explaining that.

The VA makes considerable EED errors.

They figure if it is an award with some retro, we will be so happy we will accept the wrong EED.

Did VA Voc Rehab make any documented statement that your SCs prevented you from continuing Voc Reab?

If so did the VA list that as evidence?

Voc Rehab records are kept separate from the regular med recs and C file.I had to submit copy of an actual Voc Rehab letter, sent to my husband in his lifetime.I did not see anything like it in my C file.

Can you scan and attach here their Reasons and Bases and the Evidence list

Covvr c file #,name, address etc prior to scanning it.

Edited April 25, 2015 by Berta

[broncovet]

Mpsgt:

With all due respect, Mpsgt, I EARNED every penny of every Veterans benefit I have ever gotten, or will ever get. Not one cent of mine is a "gift".

Company employees get benefits, too, health insurance, retirement, etc., sometimes these benefits are far better than Veterans benefits. If this person goes to a doctor and the company's insurance pays the bill is this a "gift"? No, this employee EARNED the benefits, just like they EARNED their salary. If this company employee gets hurt on the job doing what his boss said, he gets workmans compensation benefits, and earns those. These workmans comp often include a portion of the pay for time off work due to injury such as a knee injury requiring surgery. In a similar way, I gave 4 years of my life for my country. When I signed up, I did not expect to come home, but fully expected to lose my life for my country's service, and did so willingly.

Every one of my Veterans benefits came only with great effort. First, I had to serve my 4 years, not get a dishonorable discharge, do every single thing that was required of my by my bosses, and not get killed.

Then I had to apply at VA for benefits and fight them for them for more than 12 years, sending in every appeal, every SOC, every bit of new evidence, attend every comp and pen exam, every hearing, and do everything VA's way or the highway. I had better things to do, but I did every single one and I earned every penny of every Veterans benefit, in no small part for risking my life and limb for my country. Nobody "gave" me a "gift" as far as VA benefits. They are earned, at least as much as any company employee, including VA employees, earn their benefits. Why is it VA employees feel they "EArn" their pay and benefits, but we, somehow, did not?

I gave up much more than JUST time worked for my benefits, I also risked my life and limb, and even got hurt doing my militiary job. Most VA employees dont risk getting killed or hurt, shuffling around our paperwork, while we do. Thousands of my comrades lost thier lives serving our country, and, while I did/ do face health issues related to service, I never look at any of my benefits as a gift. As my uncle once said, when payday comes, I dont have to back up to the pay line, ashamed I did not do any work for my pay, instead, I can look the pay clerk in the eye, and say, "thank you, for the pay I earned".

Edited April 25, 2015 by broncovet