Reopened Claims

[bigjim]

I read where people are getting backpay, and i was wondering, just how far

back willVA go on backpay, I reopened my Prostate Cancer in Jul 06,

but i originial claim was in 04, new material now, evidence, etc, as a

rule of thumb how far back will they go ????tks//bigjim

[bigjim]

Dear Veteran

Generally the VA pays back to the date when you last reopen your claim. However they like to fudge on that date also. After 25 years of denials. The VA gave me 1 year back pay. VA stated there ajudicaton system within the last year caused my psych illness to worsen to the 199% level. It took 3 years of appeals to beat that corrupt logic.

Terry Higgins

tks, I wont last 25 years ha ha, but the info was helpful, i figure jul 06, i will settle for that

///bigjim

[john999]

My claim for an increase was on appeal for five years and I finally added a piece of evidence and the VA made my effective date the date of the last piece of evidence I submitted. Tricky, very tricky. The VA said they based my increase on the new and material evidence. It was an IMO and they used the date they received the IMO as my new effective date.

[Berta]

John- that is odd- the date of the IMO-

Did the IMO doctor state how long you had the disability-in their opinion?

In the IM0s I got, Dr. Bash stated that he felt that the med recs revealed my husband had DMII evident back to at least 1988, based on specific medical evidence in the VA med recs.

For any claim under the Nehmer Agent Orange decision-retro becomes different than it is in other claims.

What was important about his statement is that-

if I succeed on my SMC CUE I get 2 years accrued that was due the veteran.

BUT if I succeed on my AO claim, Dr. Bash put the EED for DMII back to 1988 under the Nehmer decision, for accrued SMC.

Using the date of an IMO is just as odd as using the date of a C & P in my opinion for an EED.

I guess the VA could rationalise this by saying that they didnt know the veteran had the disability prior to getting the IMO or C & P. But then again-

if the veteran had treatment solely at VA, why didn't they know when the disability began?

Edited November 2, 2006 by Berta

[Pete53]

Same thing happened to me John. I had to submit an IMO to get anywhere and than they screwed me out of 2 years back pay at 100%