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TheReever

No backpay or raise in recurring payments since appeal was won

Question

I filed for disability within a year after getting out (got out in 09, filed in 2010 and was awarded in late 2011) and after a year or so i was awarded 50% for PTSD and 10% for my right knee. I was awarded backpay after the initial decision was won. I filed an appeal to fight the PTSD desicion, the appeal was filed in mid to late 2012. Now come end of 2016 they finally finished the process and raised my PTSD from 50% to 70% and my knee was kept at 10% (never appealed).

My new rating is now 70% instead of the 60% that it was before. When I got the approval letter in the mail, it was showing my affective date as august of this year not in 2012 for some reason? So now im not going to get backpay for all those years? What can I do? Also, when I got paid after the increase they only gave me one months worth of Retroactive and didn't increase my recurring like they were suppose to. And earlier this year, they didnt give me backpay for the new dependent that was added after they waited the majority of a year to add him. They just increased my rate and kept going.

Im lost on how to solve this and even where to begin or who I need to talk to. Ive searched a lot of places but couldn't find anything with my exact issue.

If I go to ebenefits and click on historical claims I see compensation opened 08/14/2012 & Closed 02/25/2016, then another for compensation opened 07/29/2016 & Closed 10/22/2016 which was when I got that info in the mail. The only thing I got in the mail in February was to call to schedule an appointment. Both dates under updates say Decision Notification Sent.

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You will have to submit an appeal for the effective date.  Gather the evidence on the effective date to include everything in Ebenefits and any original paperwork.

The VA sometimes uses FL-13-10 (I think) to close out old claims and reopen them with a later effective date.  They did this to mine and I won that particular appeal.  I'm just waiting on the appeal on the percentage for my PTSD claim that is at the BVA waiting a place on the docket.  My original claim was a 2011 claim.  They tried to set a 2015 effective date, I was not having it.

Edited by sealjoy

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