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Question about retro pay and date of entitlement

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wes44

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hello all, this is my first post, but i read these forums. I was wondering if the Va goes back to date in which your disability began, or date entitlement arose, for deciding the retro pay amount? i Know they usually go back to the date of the receipt of the claim, as I've read, but I've also read that they could go back to the date entitlement arose. I'm not applying within 1 year of my discharge and the date of receipt of the claim is later, but I' still wondering if there's a possibility that they would choose the date entitlement arose as the effective date, and what conditions would make this possible. I have also been unemployable since 2012 and was wondering if they might choose that date or if there were any cases in which they chose the date in which you were certifiably unemployable.

 

 

Another question I have is do they go back to the latest adjustment of COST OF LIVING(COLA) for the date of your retro? I've read that somewhere that they might.

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If you are not filing within one year it will be the date filed or the date the VA decides you are disabled.  This is a wrinkle in the system where the VA will not declare you disabled until the date of your C&P.  In that case you need to fight for an earlier effective date, but I am getting the cart in front of the horse.  If you have been unemployable since 2012 and never filed a claim you are most likely stuck to the date you file.  I realize this might be bad news but it is the nature of the beast.

Not sure what your last question means but if they backdate anything it is payed at the rate from January of that year.  You should be able to research a site that tell you historic amounts.

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Your effective date is the later of the date entitlement arose, or the date of claim.  Unless there are special circumstances you can never get an effective date earlier than the date you applied.  

TDIU is one of those special circumstances.  You see, SOMETIMES a claim for TDIU can exist, even tho you have not formally or officially applied for TDIU.  

If you applied for benefits and informed the VA that you are not working, this can be sufficient to establish an informal claim for TDIU.  The VA should then send you the formal claim for tdiu, and, if you fill it out and its awarded, your "date of claim" can be the date you applied for benefits.  

Effective dates are complex, and it would take a review of your file to determine your effective date.  

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