Claim closed as of Aug 1

[ErinNick]

So, long story short.. my husband filed an Intent to File in September of 2015.  He spent a year collecting medical records and everything he needed to submit his PTSD claim.  He finally sent his claim in in September of 2016.  He was finally awarded 70% disability in October of 2017, and with that award, he was backdated from September of 2016, when the claim was filed.  Our thoughts were, he should have been awarded backdated pay to September of 2015 (when the Intent to File was received) so he sent in an appeal on the effective date.  We converted to RAMP mid-March and  have anxiously been awaiting the decision which should have been a no-brainer to me since the VA has his Intent to File.  I can see on E-Benefits that a decision letter was mailed on August 1, but he did not receive back pay for that year in his bank account.  We have taken this as a bad sign and that he didn't win his appeal.  We think this way because when he got the original backpay, we were unaware until it just showed up in his bank account.  What do you guys think?  And if he didn't win, the appeal, why the hell not?!  Doesn't an Intent to File start your claim when you file it??  I just can't see how it's not cut and dry.. Thanks for the help!!

[Buck52]

yes they should pay back pay back to when he first filed the Intent to file date.

you need to Appeal that.

 

[Gastone]

Have your POA-VSO access your C-File for the recent Decision, should be able to print and email it to you. Ask if he'll file an Oficial Review for possible CUE regarding the missed Retro Payment. If you're correct, the additional Retro could be processed in a couple weeks. Worked for me back in 16.

[ErinNick]

Sorry guys!  Jumped the gun.. Woke up this morning with a pretty hefty lump sum on the day we closed on our new home!  He was awarded is back pay after all!!

[auenone]

Is a similar scenario in that mine also was appealed in September and won that but they only went to when I actually sent in the paperwork in 2015 instead of the intent to file vonapp date of 2014.  The appeal on the appeal was granted in early June and it's been two months since then and haven't received anything from the VARO, letter or money. Thinking maybe the DRO is embarrassed that he/she didn't catch that? Also thinking that the RAMP may be getting in the way of the traditional appeals in that they want to show everyone it's working?

[broncovet]

Nothing is "cut and dry" at VA.  The VA either finds a glitch, or creates one.  Why do you think there are about 400,000 appeals in que?  

You have to wait for the formal decision, see what it says, and post the reasons and bases (for denying your effective date), IF, indeed, they denied it. 

You may have been awarded it.  "Just because" something happened at the VA last time, does not guarantee the same will happen, so your claim being closed without the retro, does not mean all that much.  The retro can come, yes, prior to the decision, but it can also come after the decision and sometimes well after.  

Did you make sure VA has your current address and banking information?

[auenone]

Excellent!! Congrats!!