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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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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?

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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.

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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.

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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.

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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.

 

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

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