RETROACTIVE TO DATE OF DISABILITY DIAGNOSIS

[Brooklyn1977]

I've learned that Retroactive payments are being made starting from the date of diagnosis.  Most are receiving back pay from the Date of Initial claim submission, however, there is a new law that allows you to claim retroactively from the date of diagnosis.   Are you aware of this?

 

[Vync]

23 hours ago, Rattler767 said:

I thought they argued this on back in March?

That one, in my opinion, should have been granted: https://www.scotusblog.com/2022/06/in-far-cry-from-usual-textualism-court-rejects-veterans-attempt-to-reopen-a-benefits-denial-based-on-legal-error/

 

[broncovet]

There are special rules when a regulation changes:

https://www.law.cornell.edu/cfr/text/38/3.114

Indeed, when a regulation changes, the VA is supposed to apply the more favorable...the old regulation or the new one.  

https://www.law.cornell.edu/cfr/text/38/3.102

or

Mere suspicion or doubt as to the truth of any statements submitted, as distinguished from impeachment or contradiction by evidence or known facts, is not justifiable basis for denying the application of the reasonable doubt doctrine if the entire, complete record otherwise warrants invoking this doctrine. The reasonable doubt doctrine is also applicable even in the absence of official records, particularly if the basic incident allegedly arose under combat, or similarly strenuous conditions, and is consistent with the probable results of such known hardships.

Edited August 29, 2022 by broncovet

[Tbird]

Not aware of this. Can you reference the law if you find it?

[Chuck Haven]

I did a fairly thorough search and could not find any new legislation concerning effective dates and retropay.

The route to an earlier effective date (and more retropay):  (1)  File and win a CUE claim or (2)  Presenting new and material evidence that would have impacted the initial decision had it been in front of the rating official.

Attached is a great presentation on the intricacies of determining effective dates.

Effective Date Webinar VSO.pdf

[brokensoldier244th]

Arlanno vs McDonough hasn't been decided yet. 

[Carl the Engineer]

https://www.theusconstitution.org/litigation/arellano-v-mcdonough/#:~:text=Arellano v.-,McDonough,under principles of equitable tolling.

Good explanation of whats going on ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^,

FWIW,

Carl