Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Is it possible to back date disability pay to time of injury?

Rate this question


jparker26

Question

I deployed in 2007 to Iraq. Came home and served the remainder of my contract, ets'd, and began claiming disabilities staring with PTSD. I was awarded 50% in 2012. I was given back pay for the 6 or so months that it took from the time i filed the claim until the time they awarded me 50%.

Recently, a friend that i served with filed for a TBI that he received during a 2011 deployment. He was awarded 80%. Instead of giving him back pay from the time he filed, he received back pay all the way back to the time of injury. Needless to say the amount was tens of thousands of dollars.

Now my question is, is there some way i can have my original rating of 50% back payed from my deployment in 2007 instead of just from the time i filed in 2012?

Edited by jparker26
Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

5 answers to this question

Recommended Posts

  • 0
46 minutes ago, jparker26 said:

I deployed in 2007 to Iraq. Came home and served the remainder of my contract, ets'd, and began claiming disabilities staring with PTSD. I was awarded 50% in 2012. I was given back pay for the 6 or so months that it took from the time i filed the claim until the time they awarded me 50%.

Recently, a friend that i served with filed for a TBI that he received during a 2011 deployment. He was awarded 80%. Instead of giving him back pay from the time he filed, he received back pay all the way back to the time of injury. Needless to say the amount was tens of thousands of dollars.

Now my question is, is there some way i can have my original rating of 50% back payed from my deployment in 2007 instead of just from the time i filed in 2012?

I wish the VA had paid me to the date of my claims, sometimes they don't even do that :(  I have never heard of being retro paid to the date of injury, date of claim yes but I am curious how that was awarded as well.

Link to comment
Share on other sites

  • 0

I asked him if he knew why/how they back payed him to deployment and he said he didnt know. He doesnt want to ask questions though for fear of them taking the money back. If it werent for the fact that he showed me his bank account with a $50,000+ transfer from the treasury i would think it was bull shit

Link to comment
Share on other sites

  • 0
4 hours ago, jparker26 said:

I deployed in 2007 to Iraq. Came home and served the remainder of my contract, ets'd, and began claiming disabilities staring with PTSD. I was awarded 50% in 2012. I was given back pay for the 6 or so months that it took from the time i filed the claim until the time they awarded me 50%.

Recently, a friend that i served with filed for a TBI that he received during a 2011 deployment. He was awarded 80%. Instead of giving him back pay from the time he filed, he received back pay all the way back to the time of injury. Needless to say the amount was tens of thousands of dollars.

Now my question is, is there some way i can have my original rating of 50% back payed from my deployment in 2007 instead of just from the time i filed in 2012?

The crazy one here, there are too many scenarios for anyone to properly answer your question.  A lot of our claims are alike but they are also very different. Without knowing how/when  he filed his claim and the steps he took it would be pure speculation on anyone's part to guess.  If and only if you filed a claim back in 2007 and was denied then you found records of your injury and then you filed a new claim in 2012 and was granted service connection then you could request an earlier effective date under CUE but outside of that there is no way VA will back a pay retro payment without a veteran filing a claim.  Even with a veteran filing an earlier claim VA will put the veterans' claim through the wait and see if the veteran miss a suspense date so we(VA) can deny his/her claim.

Link to comment
Share on other sites

  • 0
1 minute ago, pete992 said:

The crazy one here, there are too many scenarios for anyone to properly answer your question.  A lot of our claims are alike but they are also very different. Without knowing how/when  he filed his claim and the steps he took it would be pure speculation on anyone's part to guess.  If and only if you filed a claim back in 2007 and was denied then you found records of your injury and then you filed a new claim in 2012 and was granted service connection then you could request an earlier effective date under CUE but outside of that there is no way VA will back a pay retro payment without a veteran filing a claim.  Even with a veteran filing an earlier claim VA will put the veterans' claim through the wait and see if the veteran miss a suspense date so we(VA) can deny his/her claim.

Yeah Kinda figured it was a pipe dream. I wasnt sure if anyone had seen this happen before or not.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use