Student loan discharge

[ShrekTheTank]

I have a question about this and how it works.  So my EED is from last month, but there is a very good chance another claim will be coming back and will set the EED for 100% P&T back to 2015.  So if this happens is there a way to apply again to get that backpay of all those payments?

[ShrekTheTank]

So hold on, they will pay back more of your payments if your EED goes back further even if you have already applied?  

[broncovet]

I think I understand your question, but maybe not.  

On "Student loan" repayment waiver, please see Broken Soldiers' advice, as I dont know about that. 

But, on your effective date retro issues, maybe I can clarify with an example.  

You get an award letter for 100 percent effective Dec. 1, 2019.  The VA pays you retro back to that date. (about 10 months).  

You appeal the 100 percent decision, and dispute the effective date, arguing it should be, instead 2015, when you first applied.  In this example, lets say the BVA agrees with you and awards benefits back to Dec. 1, 2015.  

This would mean you would get retro from Dec. 1, 2015 to Dec. 1, 2019, for another 4 years of retro.  Does this help?

Again, I dont know about the student loans..ask Broken soldier.  

[ShrekTheTank]

ok i get it now!  thank you!

[broncovet]

In THE above example, Shrek, "if" you had applied WITHIN 1 year of discharge, and you were discharged on Dec. 2, 2014, then your effective date would be "one year earlier".  

Source: https://www.law.cornell.edu/uscode/text/38/5110  Specifically, related to discharge:

Quote

b)

(1)

The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.

 

[deedub75]

I've wondered about this myself. I just had effective dates changed on some granted disabilities which should have moved my 100% P&T date back one year. However, when I go to the letter generator in eBenefits, it still shows my old effective date. I sent an IRIS not saying that the date should be change and they are telling me that I'd have file another claim to get it corrected. That's some straight BS!

[Buck52]

On 10/1/2020 at 11:13 AM, shrekthetank1 said:

I have a question about this and how it works.  So my EED is from last month, but there is a very good chance another claim will be coming back and will set the EED for 100% P&T back to 2015.  So if this happens is there a way to apply again to get that backpay of all those payments?

I am not 100%sure ? but according to broncovet  you would need to appeal the EED back to the 2015 date.

but broncovet would give a better clearication?