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Mike317

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I recently, (April 2020), filed for an increase of a disability rating that was rated at 0% at a service connected injury in April of 2004. Will I potentially receive back pay to April of 2004 if this disability increases to even a 10%?  Or will it only be back pay to my second file date of April of 2020 if it is increased?  Thank you 

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Claims for increase are "one" of the exceptions to the general effective date rule:

Your effective date will be the later of the "facts found" or the date you filed. 

But its almost never that simple. 

Here are at least two exceptions which may (or may not) result in retro benefits for you:

1.  Claim for increase.  https://www.law.cornell.edu/uscode/text/38/5110 

Specifically: 

Quote

(3)

The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.

Also:

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.

And, MAYBE, if you sent in new, relevant evidence within a year of your decison, your claim could be "reopened" due to 38 CFR 3.156 b or 3.156 C (service records). 

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