Retro back pay

[Shawn M]

Hi All

So My disablity claim went from 50% to 80% ✔ received back pay from May this year ✔ My claim is not closed it went back to gathering of evidence reveived a phone call from an outside c&p provider to have an MRI done and see another doctor who speicifys in allopathic. Now my question is I have 3 other claims they finally rated me on from back when I got out in 2012 do I receive back pay for that since I got my ratings for those now?

[vetquest]

You may receive backpay to 2012 if you have had an active claim since 2012.  Your claim must remain active ie a denial and an NOD and then the claim goes to BVA and never closes.  Unfortunately the VA has a habit of making your effective date the date of your exam or decision.  In this case you must file an EED (earlier effective date) claim.  Sometimes you need an IMO (independent medical opinion) for this and it is advised.  IMO's can be expensive and are required to be payed up front most times.

I would wait to see how this shakes out before you start worrying about an EED claim though. 

[broncovet]

Like everything else the VA touches, effective dates are complex.  We can not answer for sure what your effective date will be.  YOUR effective date is the later of the date you applied, or the "facts found" (when your doctor said you became disabled).  

However, there are several exceptions to the general effective date rule.  

1.  If you applied within a year of your discharge from service.  

2.  If you had previously applied for the same disability and were denied, or if it was never adjuticated.  I laff, but a rater on another site told me that "it cant happen" (that a claim is never adjuticated within 2 years), saying that VA has controls in place so all claims are adjuticated.  I learned that was a lie..it happens so often that the CAVC has a name for it..its called a "deemed denial", and if you search CAVC you will find many many cases addressing deemed denials.  

3.  If you are a Nehmer Vet. 

4.  If you had previously "reopened" due to N and M evidence (for increase) via 38 cfr 3.156.  

5.  If you can find cue errors, for example in failure to apply 38 CFR 4.6

6.  Whether or not you have a lawyer good enough to check all these things, plus more, or if you have a VSO who sabatoges your claim by telling you stuff like you shouldnt appeal the effective date, you will be stirring the pot and be reduced instead.  

[Shawn M]

Vetquest thanks for responding to my question. I was med board out and got 50% but had other claims that they pit 0% but now those 3 are rated 10% each. Since it was a med board and not an actual claim will I still get that retro pay from 2012. Thanks

[vetquest]

As Broncovet, a more learned associate than I has pointed out we cannot answer for sure what your effective date will be.   I myself am currently fighting an EED claim for SMC dating back ten years.  The VA awarded TDIU back ten years that my case was being decided but they awarded SMC to the date of their decision.  I do believe that the VA is not in the business of working fully in the best interest of the veteran though.

[Shawn M]

Thank you both!!