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  • 14 Questions about VA Disability Compensation Benefits Claims

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Buck52

FDC CLAIM& RETRO?

Question

Anybody know  what the limit is on retro filing a FDC?

I Think they only go back a Year plus ever how long it took them to decide the claim .

so if you had a year of retro and it took them a year to decide the claim

then only 2 years of retro    right?  even if you had more retro coming.

so if a veteran has more that two years retro  then not good to file  FDC? And should file on the 21-526 right?

Anybody know for sure on this?

Thanks

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

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Any retro due, beyond the filing date of the claim, would only be a better EED and more retro if the VA determines a more favorable "Date that the Entitlement Arose"....this is explained with the actual regs and available here under a search.

I gave a personal example as well.

Unless the vet files within one year of their discharge...then an award would date back to the date after their discharge.

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Thank You Ms berta

My reason for asking is I read this on the VA  WEB SITE

Why Use the FDC Process?

FDC puts you in control, and it's faster and risk-free.

By filing an FDC, Veterans and survivors take charge of their claim by providing all the evidence at once. By then certifying that there is no more evidence, VA can issue a decision faster.

File an FDC without risk. Participation will not affect the attention your claim receives from qualified VA rating staff or the benefits to which you're entitled. If VA determines other non-federal records exist and are required to decide a claim, VA will simply remove the claim from the FDC program and process it through the traditional claims process. Once you initiate your FDC, you'll have up to one year to complete it. Should VA approve your claim, you'll be paid back to the day you initiated your claim.

So if they change it back to the traditional claim  then its consider o be regular claim.

if your denied on a FDC can you Disagree with an Appeal? NOD?

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