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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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bebebrown

Retro pay

Question

Hi I am new to this forum. I would like to know if someone can help me with this question. I filed a claim for service for back problem in 2009 it got denied, so I appealed it in 2010 it got denied so 2014 I submitted a form 9 and requested a video conference with the BVA judge.  I went before the BVA judge 4/2017 and in 2018 the BVA judge granted my appeal for service connection for lumbar spine going  back to the date 2010.  I have two questions,  1.  The judge did not put on my letter anything about retro back pay ( do the judge have to request this to RO for me to get back pay). and  2.  I submitted this claim in 2009 but in 2017 I reached 100% total and permanent for another service connected disability, so if I do get retro would it be from 2010 up to 2017 when I became 100%.

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1.  You wont be getting any retro pay until your VARO "implements" the board decision.  

Did the board decision specify an effective date, or did they leave that up to the VARO?  

     You can appeal the effective dates, if you dispute them.  

     The formula for your retro is you get paid each month, and subtract what you were being paid before.  

It sounds like you are a little unclear on the effective dates.  Read the decision and it should say.  

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You were awarded service connection for lumbar spine back to 2010.  Unfortunately this is not a rating, the RO now has to rate the condition.  They could rate this to 2010 or 2018.  They sometimes get away with not backdating the rating award.  As far as the retro question you will get retro from the date the RO decides to declare you rated to 2017.

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