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Retroactive/Back Pay


Huggy

Question

Hello all!  I have a question that should be fairly easy to answer if I did more research, but I usually end up going down some rabbit hole on the internet and get myself more confused than anything! 

Here it is:  On some what I now realize was some very bad advice from a "barracks lawyer" (we all know some of those guys), back in 2018 I filed a claim for a multitude of issues.  Had one C&P exam, but it turned out I was denied for everything that I submitted a claim for in 2019.  I did not appeal any of those decisions.  I know realize that I should have claimed one or two things secondary to my existing service connection--the rest of my issues are just that--my issues--with no service connection.

I am now working on my claim for secondary connections.  The question is this:

  • since I did not appeal the initial decisions from 2019, the VA will not go back to the 2018 submittal date regarding retroactive pay?  Or is this an instance where, if there is new and relevant evidence submitted, they would go back to that original date?  I think what I am getting at is a "supplemental claim", but I'm obviously not sure.
  • Or since the original claim was all for direct connection, and this claim will be for secondary connection, this is a "new" claim?  Maybe that doesn't matter since I did not appeal the initial decision...
  • My gut feeling is that this is a new claim, so there would be not retro pay

Thanks in advance for any insight!

Huggy

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  • HadIt.com Elder

You would file a supplemental- primary or secondary isn't something that you claim, though you can try to sort it out if you feel that they are. We go back through the 526 and the prior rated conditions to try to determine primary or secondary. Its helpful if you make a note about it but not necessary. I don't know about other VSRs but If im in doubt I file it for both primary and secondary opinions when I send the exam request anyway.

As for whether or not they will go back to 2018, usually you have to appeal it within a year (filing the supplemental). You can argue for an earlier effective date if you can determine that you have evidence that was not considered and should have been of record at the time (i.e. You sent in private records that don't show in the reviewed evidence on the decision, or it was in federal records that we should have had but didn't) This happens sometimes because when you discharge all your records are not always uploaded at one time. Ive done DPRIS (personnel record searches a month or two after the initial search and found more stuff that was uploaded/added to a veterans personnel file after the Service initially sends it to us, for example. Same with medical, sometimes they send what they have, but you have some piece of paper from a sick call or military treatment facility that doesn't make it into your AHLTA (electronic health record) that is sent to us automatically when you file, or that we request from National Personnel Record center. 

 

There was a post about this a few weeks ago on Hadit. Do a search for 3.156 (here is the the text of 3.156)

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