Changes in Regulations, watch for "gotcha's"

[broncovet]

Watch out for the "Gotcha": Did you read the regulation as "only" applying to a "child of a Vietnam or Korea Vet"?   It isnt.  See the word "OR".  YOU (if you are receiving compensation OR pension OR DIC) should get the benefits of a "liberalizing" law, that is, a law change in the Vets favor. 

§3.114 Change of law or Department of Veterans Affairs issue.

 

(a) Effective date of award. Where pension, compensation, dependency and indemnity compensation, or a monetary allowance under 38 U.S.C. chapter 18 for an individual who is a child of a Vietnam veteran or child of a veteran with covered service in Korea is awarded or increased pursuant to a liberalizing law, or a liberalizing VA issue approved by the Secretary or by the Secretary’s direction, the effective date of such award or increase shall be fixed in accordance with the facts found, but shall not be earlier than the effective date of the act or administrative issue. Where pension, compensation, dependency and indemnity compensation, or a monetary allowance under 38 U.S.C. chapter 18 for an individual who is a child of a Vietnam veteran or child of a veteran with covered service in Korea is awarded or increased pursuant to a liberalizing law or VA issue which became effective on or after the date of its enactment or issuance, in order for a claimant to be eligible for a retroactive payment under the provisions of this paragraph the evidence must show that the claimant met all eligibility criteria for the liberalized benefit on the effective date of the liberalizing law or VA issue and that such eligibility existed continuously from that date to the date of claim or administrative determination of entitlement. The provisions of this paragraph are applicable to original and reopened claims as well as claims for increase.

 

(1) If a claim is reviewed on the initiative of VA within 1 year from the effective date of the law or VA issue, or at the request of a claimant received within 1 year from that date, benefits may be authorized from the effective date of the law or VA issue.   (Notice it does not say VA has to review to see if the new law gets you more benefits, its says if they do, you can get an eed) 

 

(2) If a claim is reviewed on the initiative of VA more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of administrative determination of entitlement.

 

(3) If a claim is reviewed at the request of the claimant more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of receipt of such request. (Authority: 38 U.S.C. 1805, 1815, 1821, 1832, 5110(g))

Did you catch the Gotcha??  If the VA does not initiate a request and YOU dont know about the new law, you can only get a year back pay. 

Edited November 16, 2015 by broncovet

[Buck52]

My opinion all veterans helping other veterans should invest in the VBM, So many tactics the VA uses to deny a veteran  and the veteran needs information to come back at them in there own game.

even if you need to buy one every year  if your helping veterans with his/her claim   The VBM is a must.

I need to get me one  but so for I get the info from hadit and its members like Ms Ms Berta, Asknod (I read his blog everyday) and broncovet ,jbasser & jerrell USMC_VET and many other hadit members.

I plan on getting me one.

 

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