retroactive back pay

[cammack]

I first filed a disability claim for congestive heart failure in 2010 and it was deffered. I filed a 20-0995 claim this past August 22, 2022 for congestive heart failure and I was granted 100% rating for this , but retro active pay only went back to August 10, 2022. It should of gone back to 2010.  I am a vietnam veteran boots on the ground 3 miles from dmz in country for 11 months.  I was a navy corpsmen attached to the marines.  My mos was 8404 fleet marines. I was stationed in vietnam in 1967 - 1968  John

[jamescripps2]

Ordinarily, I would say file a 10182 and ask the BVA to revue the case for an earlier effective date.(EED)

Considering the backlog at the Board, that might not be such a good idea at this time. In my opinion a better route at this time would be to appeal using the HLR and file it on a 20-0996. Using the HLR you cannot submit additional evidence but you can request a phone call, there you can state your contention about the retro pay and the EED.

If the HLR fails and is denied, then ask for a Board revue using the 20-10182.

Others, such as brokensoldier and broncovet may chime in with differing opinions.

[brokensoldier244th]

What do you mean by deferred? Deferred are temporary situations , usually where more information is being requested or gathered.

Are you saying it was deferred for something in 2010 and there never was a decision? That shouldn't be, since you filed an 0995 later. A decision would have had to be made prior for an 0995 to be valid. If your claim wasnt  in continuing or appeal status the whole time since 2010 then the effective date of the 0995 is valid. 

[broncovet]

You need to file a nod, disputing the effective date of the final decision in August.  You cant appeal a "non final" decision, such as one that is deferred.   I suggest appealing to the BVA, and not mess with "HLR" or SCL, which are regional office appeals.  

A little on effective dates:

Your effective date is the LATER of two events:

1.  Your date of claim.

2.  Facts found, which is the date the doc said you were disabled.  

     You need to review your case file.  In particular, what date did the doctor "on or around" August 22 say your "disability began"?  This is super important because if the doctor did not give a "start date" of disability, often the VA assumes its the date of the c and p exam.  

     My advice:  

Contact an attorney on the NOVA website: (ask for a case review for earlier effective date)

https://www.vetadvocates.org/cpages/sustaining-members-directory.  Dont get discouraged if your first attorney "try" fails, and he does not agree to represent you.  Go to the next one.  

 

     I won an earlier effective date "with the THIRD attorney" I contacted, the first two were a no go.  Im very glad I persisted and got the retro check I deserved.  

     Hornswaggling Veterans on the effective date is par for the course.  Its probably not anything YOU did, its more likely your VARO did not want to pay out a big retro check.  

     Supreme court justice ROBERTS, was "suprised" when he learned that 70-90 percent of the time, the VA "takes a position against the Veteran which is SUBSTANTIALLY UNJUSTIFIED".  

In other words, it was a bogus denial and VA fought to keep the bogus denial.  

      VA does not give out 13 yeAR RETRO checks like they are candy at a parade.  Instead, expect them to fight you.  

      "Most" big retro checks (yours should be well into six figures, that is more than 100,000 and likely more than 250,000) are eventually won with an attorney.  I have never seen VA just voluntarily hand out huge retro checks.  They always come with a big fight.  Get an attorney, and save yourself time. 

      Your attorney, who will likely take 20 percent, remember, you get 80 percent, so you get 4 times more than he does.  You dont have anything to lose.  

     OR, you can appeal yourself or with VSO to the BVA, and, if the BVA denies, THEN get an attorney at the CAVC.  REASON:  EAJA pays the attorney fees at the CAVC level, but not at the BVA level of appeals.  

 

[pacmanx1]

10 hours ago, cammack said:

I first filed a disability claim for congestive heart failure in 2010 and it was deffered. I filed a 20-0995 claim this past August 22, 2022 for congestive heart failure and I was granted 100% rating for this , but retro active pay only went back to August 10, 2022. It should of gone back to 2010.  I am a vietnam veteran boots on the ground 3 miles from dmz in country for 11 months.

You need to figure out what happened to your deferred claim. You can request a White House Hotline request, or you can do an ASK va.gov request. But the bottom line is that the VA should have made a decision on your deferred claim.  

Once you figure out what is going on with it, you can request a hardship and see if it is possible to process your claim sooner than later. 

1-800-MyVA411 - Veterans Experience Office (VEO)

Ask.VA.gov | Veteran Affairs

The VARO screwed up and recertified a granted BVA decision back to the BVA, I contacted the White House Hotline and requested an Advancement on the Docket due to an Administrative Error and the BVA awarded my benefits within forty-five (45) days.

[Mr cue]

12 hours ago, cammack said:

I first filed a disability claim for congestive heart failure in 2010 and it was deffered. I filed a 20-0995 claim this past August 22, 2022 for congestive heart failure and I was granted 100% rating for this

This is a issue I  have had

It sound like they left the claim or appeal from 2010 pending.

You apply again and they granted it but will not address the pending issue or effective date 

I had to do a cue of the old decision to get this address  I won 8 years retro tdiu based on the pending appeal.

 

 

[Rattler]

So the real question hear is you need to tell us if what you filed the 21-0995 on was the deferred claim?  If it was and they awarded you 100% with the the wrong EED. What would help everyone hear is for you to take a sharpie and mark out your identifiable information than scan your decisions into a pdf and post it hear. Others hear are trained to read those documents deferent than you do and will see things you don't

Every one is in a rush to send you to do a NOD and send it to the BVA. I think its wrong way to go. You may think by passing the other options you will get there quicker. This has not been my experience. It takes much longer to go to the BVA than to do a HLR. It's all about knowing putting the right information and the right forms in front of the VA.

This is what happen to me is I filed a 21-0995 after a remand from the BVA and added new evidence. The RO was dragging there feet on caring out the remand. This was August 2021. I than called the WH hotline in October 2021. The VA responded to WH on November 18, 2021 and called me to tell me they awarded me 70% PTSD. I pointed out to them that I had also applied for UI and they had denied UI on 11-9-21. The VA called me back on 11-19-21 and informed me that they awarded me 100% UI back to August 2021. (The VA QUED it's self on the UI)

My original claim EED was August 2017.  I read up on how to file a QUE claim hear in the forums. I filed a 21-0996 HLR on September 28, 2022 asking the VA to QUE it's self. I had my phone call with the VA HLR on October 7, 2022. On October 13, 2022 the VA awarded my back pay to August 2017. That was 6 figures.

https://community.hadit.com/forum/78-cue-clear-and-unmistakable-error/

Sometimes jumping in front of the line (BVA) is not the way to go