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.

[broncovet]

Effective date laws are 52 pages in the VBM.  If you would like help in deciding whether to appeal for an EED, wait until you get the BBE, post the reasons the VA gives for your effective dates, and we could help you decide at that point.    However, if you want to play "what if", try this on for size on increases:

 Generally, the effective date ofan award of disability compensation based on an original claim shall be the date ofreceipt ofthe
claim or the date entitlement arose, whichever is later. 38 U.S.C.A. § 5110(a); 38 C.F.R. § 3.400. However, ifthe claim is received within one year after separation from service, the effective date ofan award ofdisability compensation shall be the day following separation from active service. 38 U.S.C.A. § 5110(b)(1); 38 C.F.R. § 3.400(b)(2)(i). The effective date of an award ofdisability compensation based on a claim to reopen after a final disallowance shall be the date ofreceipt ofthe new claim or the date entitlement arose, whichever is later. 38 U.S.C.A. § 5110(a); 38 C.F.R. § 3.400(q)(ii), (r).
For an increase in disability compensation, the effective date will be the earliest date as ofwhich it is factually ascertainable that an increase in disability had occurred ifclaim is received within one year from such date otherwise, date of receipt of claim. 38 U.S.C.A. § 5110; 38 C.F.R. § 3.400(0)(2); see also Hazanv. Gober, 10 Vet. App. 511 (1997); Servello v. Derwinski, 3 Vet. App. 196 (1992).
In VAOPGCPREC 12-98 (Sept. 23, 1998), VA's General Counsel noted that 38 C.F.R. § 3.400(0)(2) was added to permit payment of increased disability compensation retroactively to the date the evidence establishes the increase in the degree ofdisability had occurred. That section was intended to be applied in those instances where the date ofincreased disablement can be factually ascertained with a degree ofcertainty. It was noted that this section was not intended to cover situations where disability worsened gradually and imperceptibly over an extended period oftime.