Received VA disability in error?

[glashutte]

I received a check from the US Treasury for $40,011.29. However my va disability claim is still processing and I’ve never been rated ever. 

it is typed out to my name and address and says:

VA COMPENSATION - 12/01/19 - 12/31-19

it looks just like this check attached. 
Is this some kind of error/mistake? 

 

[brokensoldier244th]

Metro in mind that with each appeal you have to summit new substantive evidence because their denial would be based on what you already submitted. They can decide claims in parts though, so yours might not be done yet

[broncovet]

Ok.   Its not that unusual for Veterans to get the money before they get a decision.  It happens.  Now, to answer your question, lets use an example:

Lets say you were awarded 70 percent for condition A.   Conditions B and C, however were "deferred".  You can be paid for condition A.  If conditions B and C are awarded, you will receive an effective date in the letter awarding benefits.  If this increases your compensation, you will get, as retro, the difference between your new pay and what you already receeived.  So, if you got 70 percent for A, then later got a total of 100 percent for A, B, and C, then you would get the difference between the 70 percent they paid you and the 100 percent you deserve...from the effective date of the decision.  

If you dispute the effective date on any decision you may appeal it, regardless of what happened on "other issues", such as those being deferred.  

We dont know all this, so just wait on your decision, its useless to speculate, but wait for the decision.  

Most likely this is your money, and you get to keep it, altho its fine to wait until you get the decision to go "hog wild" spending it.  

If you are sent money in error, the va, yes, can recoup an overpayment.  

[glashutte]

I am certain the VA did not look at my latest evidence package due to timing of receiving this check. 
If needing to appeal, can I re submit this packet and just name it something else?

[glashutte]

1 hour ago, broncovet said:

Ok.   Its not that unusual for Veterans to get the money before they get a decision.  It happens.  Now, to answer your question, lets use an example:

Lets say you were awarded 70 percent for condition A.   Conditions B and C, however were "deferred".  You can be paid for condition A.  If conditions B and C are awarded, you will receive an effective date in the letter awarding benefits.  If this increases your compensation, you will get, as retro, the difference between your new pay and what you already receeived.  So, if you got 70 percent for A, then later got a total of 100 percent for A, B, and C, then you would get the difference between the 70 percent they paid you and the 100 percent you deserve...from the effective date of the decision.  

If you dispute the effective date on any decision you may appeal it, regardless of what happened on "other issues", such as those being deferred.  

We dont know all this, so just wait on your decision, its useless to speculate, but wait for the decision.  

Most likely this is your money, and you get to keep it, altho its fine to wait until you get the decision to go "hog wild" spending it.  

If you are sent money in error, the va, yes, can recoup an overpayment.  

Can you explain what the effective date of decision means? 
As in is effective date of decision the official date they make their decision or the ITF date/when the claim was submitted?

[vetquest]

Effective dates are difficult to ascertain and interpret at times.  If you have filed your claim within one year of separation your effective date should be the date of discharge.  Otherwise your effective date will be the date you filed your claim or the date that facts show your disability to be determined.  They can award your disability at the date filed, sometimes they will award your disability on the date of your C&P or date of decision.  A good example of that is my SMC, they should (I contend) awarded me SMC on the date that I was awarded a new disability but instead made the date as the last C&P date on a ten year old TDIU claim.  Therefore I contend that I am out five years of SMC.