How\Where to file for Retroactive Back Pay for a claim

[SgtKidJoe]

I had someone review my claim for service related foot arthritis. My original claim was denied in 9/2014, saying it wasn't service connected. I filed again 3/2015 and again denied.

I supplied a copy of my TAD orders and medical records on 3/2017 and was granted 20%. However, this should have been back dated to 9/2014. 

So does anyone know where to file for the back pay? I was told there's a spot in eBenefits, but I have yet to find it, or in Vets.org?

[Berta]

"However, this should have been back dated to 9/2014"

I don;t see how your NOD would draw this ' backpay' issue out.

Retroactive payments are usually only successful if they are filed under 3.156 (c) or under CUE, 

And they are claims for an Earlier Effective Date (EED)

We have a wealth of Info here on EEDs, to include many CUE (Clear and Unmistakable Error) claims that were successful and some uner 38 CFR 3.156 .

If you can scan and attach the denials and the evidence list they used, we will be able to see if a CUE is the way to go. Cover your C file # and name prior to scanning it 

EEDS that are challenged must rely on established medical evidence at time of the alleged erroneous decision.

It is basic common sense that if a veteran gets a SC award for a disability that VA did not SC in the past

the past denial -in many cases - depending on what the past decisions said- would be ripe for a CUE claim,to attain a better EED snd retro $$$$.

 

 

 

[SgtKidJoe]

Sure, I will do that shortly

[SgtKidJoe]

Initial denial is 2015-03-02 and posted.

 

2015-03-02-VA_Decision_edited.pdf

[Berta]

I couldn't read it -I got this message but the wind is affecting my sat PC dish-others will be able to open it-

 

I think I gave you advise on something like  this last year.

This attachment is not available. It may have been removed or the person who shared it may not have permission to share it to this location.

Error code: 2C171/1

---

• Contact Us

 

[SgtKidJoe]

You did. I have been dealing w/ PTSD issues.

Edited May 28, 2019 by SgtKidJoe

[SgtKidJoe]

Decision 21 Nov 2016, after filing for Rt Foot Arthritis