Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

Sponsored Ads

  • Available Subscriptions

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

  • 0
11cvolley

Probably getting wrong back pay...

Question

Talked to my lawyer today and she thinks that the VA is going to give me back pay back to the date of the exam the VA is using as evidence to grant me 100%. She already said she will file NOD and still ask for IU to be granted as well. How long does it take the VA to correct back pay?

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

If she files a NOD, it will be an appeal.  Appeals take a long time.  NODs are not used for anything but appeals, so be prepared to wait if she takes that route.  If its a reconsideration, it will not be filed on a NOD, and it will be much quicker. 

 

If the rater feels you are due a different effective date, it will be paid to you when the award is authorized, which is typically anywhere from the same date as the rating, to a week after.  There are always exceptions, but that is the gist of ti.

 

Is she thinking that a grant of IU will help with an earlier effective date?  Its typically a moot point, and generally not in favor to the veteran, assuming you are a statutory 100.   I'd like to hear her rationale as to how this can benefit you.

Share this post


Link to post
Share on other sites

Ad

  • 0

She wants to get me IU because it is a more 'long-term' rating. I forget her exact wording.

The reason I think the back pay will be wrong is because for some reason E-Ben has ptsd increase listed as a pending disability with a submitted date of this year.

Share this post


Link to post
Share on other sites
  • 0

I'd love to hear the logic of how IU is more "long term" than being statutory 100.  Especially when you can't work in gainful employment, and have to verify that every year.

 

I myself wouldn't worry too much about what ebenefits says, or doesn't say.  Did your award letter explain how the date was figured?  It is most commonly tied to your date of claim, or an ITF if you went that route.  If you want to know, and hear from a person, do an Iris inquiry.  I wouldn't waste any time calling the 800 number.

Share this post


Link to post
Share on other sites
  • 0

Your goal is to get a 100 % scheduler rating. Only settle for IU as a backup. With IU as well as a 100 percent rating you cannot work. The IU part is unemployable  and the schedular part of the 100 percent rating is based on the regs which state "Precludes employment"  You could lose some benefits being IU. The main thing is Permanent and Total where you get the added benefits of ChampVA for the family and education benefits for the Kids. Also there may be tax benefits on the state and local level such as property tax exemptions for your home and Autos and ect.

 

Share this post


Link to post
Share on other sites
  • 0

UPDATE: E-Ben now says 100%, but does not show back pay in payment history. Still waiting on back pay.

Share this post


Link to post
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

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 1 reply
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines