Posted on Jun 23, 2018
Do you get retroactive disability ratings if your disability rating is increased?
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Posted >1 y ago
Responses: 2
MAJ Ken Landgren
I take it back. Agent Orange suffers got back pay. On an individual basis, I have never heard of back pay for veterans who received a higher rating.
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PO3 Robert Murphy
I had 40% disability rating then 100% after lung cancer from asbestos and 3 1/2 years lung surgery and losing the left upper lobe due to the cancer the VA cut me to 30% and that was lower then i had when I started I feel that you can't trust the people reading the reviews they must think the money comes out of their pockets I had to fight like made to finally get back to 70% but it took 4 years and that was at alose of $2400.00 ? a month in disability benefits We paid our dues when we signed on the dotted line and now they are still messing with us for (sas if it was our fault we were disabled) our injuries Mine was caused by asbestos on board ship
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Can you please clarify your question? Are you asking about retroactive pay? Or ratings themselves? Either way, I believe the answer is going to be that it is retroactive back to the date of the appeal. The BA has some pretty specific wording on the subject on their website.
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SP5 Larry Britt
retroactive pay I was awarded 30% back in June 2013 but in May was awarded 50% effective date was june2013 I did appeal back in june 2013
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CPL Robert Ray
According to 38 US Code 5110, as long as the appeal was made within one year of the original decision, your effective date should be the date you first filed for compensation, although there may exist some exceptions to this. Ultimately, what you need to look for is the “Effective Date” which should be listed on your decision letter. Your pay will be retroactive to that date. If, for some reason, your effective date is something other than the date of your original filing, you should start asking questions. Read your decision carefully, first, however. The answer may be spelled out there. And if you disagree with it, make sure you appeal within the one year timeframe.
For example, I received an increase on my disability from 50% to 60%. However, the VA said my effective date was 3 months later than the date I appealed, saying they didn’t receive my paperwork until that date. However, I had proof of receipt by the VA 3 months prior to what they claimed as the effective date and so I filed an appeal and included copies of that proof. I was owed 3 additional months of back pay. That may not seem like a lot, but were I to file an additional appeal of the increase decision, say for individual unemployability, it could be several thousand dollars worth of difference. So double check your paperwork. Take it to a professional if you have any discrepancies. The DAV or other VSOs will help.
For example, I received an increase on my disability from 50% to 60%. However, the VA said my effective date was 3 months later than the date I appealed, saying they didn’t receive my paperwork until that date. However, I had proof of receipt by the VA 3 months prior to what they claimed as the effective date and so I filed an appeal and included copies of that proof. I was owed 3 additional months of back pay. That may not seem like a lot, but were I to file an additional appeal of the increase decision, say for individual unemployability, it could be several thousand dollars worth of difference. So double check your paperwork. Take it to a professional if you have any discrepancies. The DAV or other VSOs will help.
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