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!

[jbasser]

This happens quite often. You file a claim then the VA denies it for one reason. This reason is just because they can. Then you ask for reconsideration and send in additional evidence. Then the RO looks at this evidence and being the creative thinker the VA hired him to be, pulls a rabbit out of his rectum and decides you were due an increase on a date that he decided and not the medical evidence warranted.

Provided you didn't let any appeals deadlines pass and your claim was still open, you have to do the following.

The SSA has awarded you SSDI from 2009. If that award is based solely on service connected disabilities then you need to understand 3.400 of the United States Code of Federal Regulations title 38.

Effective date of a claim is the date the claim is filed or the date the condition arose. Your IU should have the same award date as your SSDI.

You should NOD that decision and get an attorney. You were just cheated out of retro and lowballed. Give Robert Walsh a call. this should be a slam dunk.

Basser.

[broncovet]

I agree with basser.

[Buck52]

They should go back to the Jan 2011 when you first filed for IU because filing for IU back on that date is like filing for increase!

File NOD disagree with the EED, It should not interfere with your rating decision.

jmo

.....................Buck

[bassrunnin]

"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 can think of is when you sent in more evidence did you open another claim? Because it doesn't seem like it went to the normal appeal process...that's the only thing I can think of. I looked up the Fed 38, 3.400 and the only thing that messes with the SSDI and award date is this: date of receipt of claim or date entitlement arose, whichever is later.

I was awarded SSDI this month and they backdated to Nov 2013 when I started having issues that kept me out of work. However I did not file for TDUI until Aug 2014. My back pay will start on Sept 2014 because that is when I filed for TDUI. VA is very clear on that. If you file your original claim let's say 2012 but don't apply for TDUI until 2014, 2014 is the date, even if you didn't get an approval until then. That is why it is advantageous to file your TDUI with original claim if possible.

Back to topic at hand...when you submitted the additional evidence was it attached to the original claim for TDUI or was a new claim started

JMO

Edited April 25, 2015 by bassrunnin

[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 can think of is when you sent in more evidence did you open another claim? Because it doesn't seem like it went to the normal appeal process...that's the only thing I can think of. I looked up the Fed 38, 3.400 and the only thing that messes with the SSDI and award date is this: date of receipt of claim or date entitlement arose, whichever is later.

I was awarded SSDI this month and they backdated to Nov 2013 when I started having issues that kept me out of work. However I did not file for TDUI until Aug 2014. My back pay will start on Sept 2014 because that is when I filed for TDUI. VA is very clear on that. If you file your original claim let's say 2012 but don't apply for TDUI until 2014, 2014 is the date, even if you didn't get an approval until then. That is why it is advantageous to file your TDUI with original claim if possible.

Back to topic at hand...when you submitted the additional evidence was it attached to the original claim for TDUI or was a new claim started

JMO

The Jan 2011 claim was a claim for iu p &t nothing else. I think that Basser is right, I should find an attorney, how to find one is an entirely different issue. I did't file for SSDI unitl aug. of 2012 and was awarded feb 2013 back to 2009.

[Buck52]

I agree with the others, I didn't see that you were awarded SSD...Then yes go by the date you was awarded SSD 2009

I don't understand what your saying in the above post?

you never filed for SSD until Aug of 2012? & was awarded SSD BACK TO 2009? I think you had to file for SSD IN 2009 to be Awarded back to 2009? unless I am missing the ship here??

plus filing for SSD the person usually has to wait 6 months before getting paid after first filing..and I think the EED WITH SSD dates back to your first check...not the date of the award.

''The Jan 2011 claim is for IU P%T nothing else''....that's what I think your EED should be.

still a lot of $$ if you don't try to get it straighten out

jmo

.................Buck

Edited April 25, 2015 by Buck52