CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. Do we have anything else? We have updated our Privacy Policy. VA grants effective dates based on either the date it received the veterans claim, or the date that entitlement arose (e.g., date a veteran was diagnosed with the condition they are claiming). Use the up and down arrows to navigate this combo box. Maura: Got it and Mike, why dont you tell us about what effective dates are and why those are so important and why well be talking about them a lot as we discuss back pay? Maura: Great, and the rules about DIC that we touched on before, theres no kind of different calculation thats done for back pay for DIC, right? You can always represent yourself before VA, including in your appeal before the Board. They must also have a combined disability rating for their VA disability compensation of 50% or higher. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If VA receives a claim from a veteran for such a condition more than one year after the law changed, then the effective date can be up to one year before VA received the claim. If that happens to you, set forth in an argument, This is the date of my increased-rating claim and the symptoms that are documented in this exam were actually affecting me before that.. So it would be the difference between what youre rated at then and what youre rated at now, correctly for that many months and it can be years. So I think there, I think by regulation as Christian said before, there is a ceiling, that one third ceiling. You can find our blog posts and past videos that weve done at www.cck-law.com. Remember folks I waited many, many years and still have 2 issues that have been remanded 2x which I am glad because the judge was very fair. Mike: Yes absolutely. By law, you have the right to have the local VA office conduct an initial review of any new evidence submitted in your case, even if the case is with the Board and the evidence has been submitted directly to the Board. Steven, thank you for your question today. The effective date rules in this area are essentially if the surviving spouse files the DIC claim within one year of the date of the veterans death, then if DIC is granted, the effective date will be the date that the veteran actually passed away. By using our website, you agree to the use of certain cookies. By Mail: Board of Veterans' Appeals. So effective dates really are important in determining the amount of back pay that a veteran will receive. When you visit web sites, they may store or retrieve data in your web browser. Can I request that my appeal be advanced on the Boards docket so it will be decided faster? Getting Additional Assistance with Denied VA Claims. As we said, please look at the comments feed next to this video for any additional materials and definitely feel free to access our website at www.cck-law.com. Disclaimer: This information is not legal advice. VA Back Pay, or Retroactive Benefits | CCK Law So, as we all know and unfortunately, the veterans that are involved in this process watching, it can take a really long time to get a claim finally adjudicated and even longer to get it granted. So, all of everything that weve talked about goes completely out the window when youre talking about Nehmer claims in so far as when your claim is effective from because if youre thinking about some of the other rules, the date and time it arose would be quite later but none of that applies in Nehmer claims if youve filed your claim in some sort of way between that time period and you have a presumptive condition or a condition thats caused by your service in Vietnam till you exposed to Agent Orange, youll get the benefit of that effective date. RETRO PAY FROM BVA GRANT - Veterans Benefits Network So now, this back pay, retroactive pay, is being awarded from the date of the effective date to compensate the veteran for essentially missing out on receiving payment that he or she otherwise should have received in the first place. Maura: In addition, the effective date being the date of your claim means that for however long it takes VA to work on that claim, say it take them 2 years to ultimately decide on the claim and grant you benefits, that 2 years based on the effective date of the date of claim is going to set your back pay amount. He was bumped up to 50% in April 2012 for . in their opinion. A docket number reserves your place in the line of cases to be decided by the Board. Maura: Great. That being said though, as Christian said, its really important for you to understand the agreement that you sign with a representative and inquire and have questions about that. you viewed to avoid repetition. These cookies are essential so that you can move around the website and use its features. Mike: I think its important to the best of your ability, I think its important for you to lay out the kind of the procedural history of the claim. Loan Guaranty: lgy.va.gov is now open for business - Veterans Affairs Basically, the VA should not have made the mistake and when a veteran either on their own or through representatives, files a CUE motion alleging that there was clear and unmistakable error which is a completely undebatable error, its as if that decision was never made improperly. Have you been affected by Camp Lejeune water contamination? So thats a tricky subject. For example, nearly . Remand: The BVA has sent your claim back to the VA for additional development or re-evaluation. For a searchable list of accredited representatives, please click here. The information these cookies collect will not personally identify you, and they cannot track your browsing activity on other websites. If you provide a waiver of this right, then you agree to let the Board consider the new evidence and issue a decision without your local VA office reviewing that evidence first. So if thats the case, VA will recoup or take back that previous benefit to offset the new benefit in disability compensation that theyre awarding. So for instance, one example of this is separation pay. Gardening can be a rewarding experience, but it can also be a challenge. So the common situation is, unfortunately, the veteran passes away and his or her spouse wishes to be subbed into the claim essentially and files a claim for as Maura said, DIC, dependency and indemnity compensation. A claim for service connected benefits can be long and exhausting. Some of the eligibility requirements are that veterans have to have been a 20-year military retiree. Christian: Yes. I have additional evidence to send to the Board. Mike: This is an important point. That would be unreasonable in the regulation recognizes that. To access the combo box on this page please perform the following steps. The VA calculates VA disability back pay based on your disability effective date, not on your application or approval date. collecting additional information or records; ensuring that the local VA office follows certain legal procedures that afford you due process. Veterans receiving back pay are paid the compensation amounts respective to each year. So if VA changes the law that makes a veteran eligible for benefits that before the change in law, they were not eligible for or not entitled to, how is the effective date established in that situation? Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. Maura: They can be going back very far in the past in terms of calculating retroactive payments because as we both, as we all know, there is no cap on what you can receive. Anyone feeling the VA is not doing their job can request one, to include any single individual, RO or BVA. Maura: Make sense and there are some exceptions to the general rule that the effective date is either the date entitlement arose or the date of claim. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. So, weve been talking about claims generally, are the rules for effective dates and therefore back pay, any different when we talked about increased rating claims? So basically, the general rule for determining an effective date is that its the date that VA receives the veterans claim or the date that entitlement arose whichever the later date is. Can I appeal a decision made by the Board? They may also be used to keep track of what [products, video, links, etc.] Disability Denials LTD Insurance Denial Attorneys - National Disability Law Firm A National Disability Benefits Law Firm Home About Us Attorneys Our Legal Staff Client Services How We Make it Easy From extreme weather events such as droughts, floods, and wildfires to the melting of polar ice caps and rising sea levels, it's clear that our planet is in trouble. So, if veterans meet those two requirements essentially, then they may be able to receive concurrent receipt of both their retirement pay and also their VA disability benefits. Christian: because there are and we deal with this every single day there are a lot of issues that come into this. Although it is not required, you may decide to be represented by an accredited Veterans Service Organization (VSO), attorney, or claims agent. In the context of Board proceedings, appellants often execute a POA with an accredited representative, such as aVSO, private attorney, or claims agent. Thats going to be a big check in the amount that you pay per month, per disability rating. I do not have a representative helping me with my appeal. Sometimes there will be additional provisions about cost and things like that, that could change the amount of benefits that can be recouped by an attorney or, its whatever the agreement says but there also the protective regulations so that attorneys cant charge say, 50% or 75%. Note: When BVA affirms a rating decision, the RO determination is incorporated into BVA's decision. We noticed Benefits updated on Jan 12, 2017 showing he was at 100% P &T. In Jan 2011 he was just rated at 30%. 100 Percent VA Disability and Employment.