VA Back Pay

[sltaylor]

I filed for disability benefits in Jan/13. Went for c&p exam Dec/14. Was awarded benefits at 40% in Feb./15 with back pay only dating back to Jan/13. I have fellow vets and battle buddies telling me I can file for back pay for the same injuries incurred in 03 in Iraq. Is this true? The reason for the gap between separation and filing is simply because I did not know I could file for VA disability benefits until a school VA rep told me so in 2012. I just want to know if compensation is still owed me and how do I go about obtaining it. The DAV in Indiana helped me file the first time.

[broncovet]

Based on what you posted, its not likely.  

The effective date is the later of the date you applied or "facts found" the date the doc said you were disabled.

An exception to this is you filed within a year of exit from service, then you can get back to the date you exited service.  

The "filing date" is a limiting factor, but there are some exceptions to that, too.  If this was a claim for increase, then you may have an "informal claim".  

"not knowing" about benefits wont help you.  

[RUREADY]

47 minutes ago, sltaylor said:

I filed for disability benefits in Jan/13. Went for c&p exam Dec/14. Was awarded benefits at 40% in Feb./15 with back pay only dating back to Jan/13. I have fellow vets and battle buddies telling me I can file for back pay for the same injuries incurred in 03 in Iraq. Is this true? The reason for the gap between separation and filing is simply because I did not know I could file for VA disability benefits until a school VA rep told me so in 2012. I just want to know if compensation is still owed me and how do I go about obtaining it. The DAV in Indiana helped me file the first time.

maybe this will help some most if you didn't file in 03 hard to go back

or maybe its in the list.

http://www.91outcomes.com/2010/03/va-recognizes-9-presumptive-diseases.html

 

[Guest]

As others has stated the only way to get back pay is you had to file a claim back in 2003 and it was denied and later you found records to get your claim reopened and granted.  Back in the late 1990s and early 2000s VA was denying claims for being "NOT WELL GROUNDED". If and only if you can find records dated prior to a denial in 2003 then you can request an earlier effective date but keep in mind that every case is different and what applies to one veteran may not apply to another. It is true some veterans can get retro payments but it does not seem that you are one of them.

Sorry for the bad news.

[Andyman73]

pete992,

Brother, I so hated seeing that cop out excuse "not well grounded" from the VA!  I remember when I was dealing with them from mid-1998 till mid-2000 for my knees.  I kept getting "not well grounded" because falling down the stairs during boot camp, and the near 2 dozen SMR entries just weren't enough to well ground my claim! 

sltaylor,

Welcome to Hadit.  You will learn many things here.  One of them is that the VA will give nothing away, and they will not tell you anything that will give you the upper hand with your claims.  What you don't know benefits the VA.  But here, you can and will gain knowledge and guidance, from those that have gone before, and you will then gain the upper hand. 

While time is not on our side, we still must endure it's passing, to gain victory in our struggles against the machine.  When dealing with the VA, we are treated as "guilty, until proven innocent". 

 

[Guest]

1 hour ago, Andyman73 said:

Brother, I so hated seeing that cop out excuse "not well grounded" from the VA!  I remember when I was dealing with them from mid-1998 till mid-2000 for my knees.  I kept getting "not well grounded" because falling down the stairs during boot camp, and the near 2 dozen SMR entries just weren't enough to well ground my claim!

The Crazy one here, IMHO for anyone who got one of these decision I would suggest that you go through your records to see if you can find any evidence that was not considered and or reopen these claims and if VA denies your claim, appeal all the way to CAVC.  You have to be tenacious, as stated above VA will try to discourage you in filing an appeal but you have to stick to your guns. You have to be determined to let your claim go all the way to the courts. Remember folks evidence wins and we (veterans) just have to live long enough to get it. Depending upon the evidence and the date of the evidence, it is very possible for a veteran to receive a an EED ( Earlier Effective Date) under 38 CFR 3.156.

[Berta]

As I understand this the veteran's initial claim was in 2013. Thus no retro would be due.

We get newbees all the time....many are still in the Mil....

No one in service should forget to go to the post discharge briefings.

My daughter went to all of them, lots of last minute running around and she went to the Navy briefing for VA claims stuff, although she was USAF.

She said it was excellent and they had a vet rep or two there also advising on claims, who (I think she said)could begin a claim right away for some of them.

Of course she said they don't tell anyone how the VA claims process really is, and it has gotten much worse since she served.

The fact that everyone at those briefings learn they have one year after discharge to maintain a day after discharge EED, by filing a claim within that time frame, if the claim succeeds,

is something I would think most would remember. Also they gave out the little VA Benefits booklet. It sure comes no where near the info here or at the VA web site, but still not something to discard after those briefings. Maybe they should add hadit's web site contact info to the booklet!

Also no inservice person should over look the fact that they might have obtained college credits due to their MOS.

My daughter got quite a few college credits due to her MOS. There is an inservice procedure for that that begins prior to discharge, and I don't know how it works but I do know those credits can be lost forever  if the service person does not get that squared away with the Mil way before they leave service.