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    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 ...
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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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allboyz

Effective date and retroactive pay

Question

Hi! My husband was increased from 30% to 50%. Under "What We Decided" they changed one of the claims that was initially denied to 0% with an effective date of 10/2010.  Then they increased another claim from 0% to 20% with an effective date of 2/1/2017 (claim was initially filed in 2010 for this and he got 0%..now they agree that his issue worsened). We are are trying to figure out if he would be eligible for backpay at all? Thanks for any info....

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No back pay as his conditioned worsened at the time of the last exam not prior to it.  If he would have appealed the decision and won an appeal he would have been eligible for back pay.  That is the way I see it.  They just did the same to me on one of my service connected disabilities.  The increase came during a standard review of my disabilities.

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I was diagnosed in service and discharged i think beacuse of my condition. but i was not medicaly discharged although I was service connected about 7 years after I was discharged at 10%.   If I get my DIscharge changed to a medical discharge could I get back pay to the day I was Discharged?

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Yes.  If your "combined" rating increased from 30 percent to 50 percent, you should get retro pay from the effective date.  Since one went down, the other up, you need to compare the "combined" ratings before and after.  

    You may consider an appeal of the reduction, tho I dont know all the facts.  

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I submitted my initial claim for multiple issues back in 2015. They denied all and then I appealed it last yr and denied again. My rep submitted another claim for my right leg and knee 2 months ago. I was examined and got a 10% rating for my knee only. I was under the impression I would get retroactive pay from my initial claim since my knees and legs were included. The letter I received states effective Sep 2017. Why was it not retroactive from the initial submission from 2015? Do I have to dispute that too?

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Yes most likely.  I am getting my date backdated and they will owe me back pay and I want it.  It wouldn't be an issue if they had done the right thing to begin with.  Make them pay you.  Write letters and use social media to get some attention as well.  Good Luck.

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