backpay

[Fenway77]

I recently received an increase from 70% to 90%. I submitted my claim in july 18 2015 and over the weekend I checked my ebenefits  and noticed that I was awarded the increase. Does anyone know if I will be entitled to back pay for the four months it took to get my increase.

[Vync]

An increase of your combined rating should result in retro. There are a couple of ways to look at this though.

1. When an increased combined rating is due to new disabilities, retro is paid from the date filed in most cases.

2. When an increased combined rating due to increase in existing disabilities, retro can be paid back up to 12 months prior to the date filed in most cases.

I say "most cases" because there is more details to it, but this section sums it up nicely:
http://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookb/part3/s3_400.doc

(2) Disability compensation. Earliest date as of which it is factually ascertainable based on all evidence of record that an increase in disability had occurred if a complete claim or intent to file a claim is received within 1 year from such date, otherwise, date of receipt of claim. When medical records indicate an increase in a disability, receipt of such medical records may be used to establish effective date(s) for retroactive benefits based on facts found of an increase in a disability only if a complete claim or intent to file a claim for an increase is received within 1 year of the date of the report of examination, hospitalization, or medical treatment. The provisions of this paragraph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established.   (Authority: 38 U.S.C. 501, 5101).

[Fenway77]

Thanks for the response 

[Vync]

Good luck! Keep an eye on your bank account every few days. Retro usually arrives without warning.

[Andyman73]

Congratulations on your bump! 

[broncovet]

Yes, you will get backpay.  Remember, you get paid only for the difference, since you already got the 70%.  You should get about 409 per month difference times the number of months, or about 1636 back pay or close. 

Edited November 10, 2015 by broncovet

[green]

I didn't realize that the ability to date the claim up to 12 months prior to filing only applied to an increase in existing disabilities.  Should I assume that claims for secondary conditions will be dated without this consideration?  Also, I believe there is language for SMC-K claims that allow a date to be established that is also 12 months prior to the date of filing.