Retroactive Disability Benefits

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Posted on: Wednesday, May 17, 2017
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Retroactive Disability Benefits

Question

My husband was just award 100% P & T by the BVA in Washington.

He has been at 80% for a few years. We are now being sent for exams by the VA regional office. We are confused as to why unless they are perhaps appealing the BVA decision. Can they do that. And if they go back and pay back pay, does the 10 years start from the date it was approved or the retro date they pay you back pay for.

Jim's Reply

We would have to see the award papers from BVA before we could be sure but BVA often remands any leftover, or potential claims so that the file is cleaned up. No, the regional office doesn't appeal the BVA decision but they are responsible for tidying up anything left undecided.

Retroactive pay usually goes to the earliest effective date of the claim. If you make a claim in 2010 and are denied in 2011 but you appeal within one year of the denial and win the appeal in 2015, the effective date for retro purposes is the earliest effective date of the claim. In this example, 2010.

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