Тёмный

VA Back Pay (Retroactive Benefits) 

Chisholm Chisholm & Kilpatrick LTD
Подписаться 88 тыс.
Просмотров 133 тыс.
50% 1

0:00 Introduction
1:22 What is back pay, or retroactive benefits?
2:36 Why Effective Dates Matter
5:16 Exceptions to Effective Date Rules
6:42 Increased Ratings & Back Pay
11:05 Rating Reductions & Back Pay
14:10 Effective Dates When Reopening a Claim
15:29 Changes in VA Law
16:54 DIC Benefits & Back Pay
18:46 Clear and Unmistakable Errors (CUE) & Back Pay
21:00 Back Pay in Nehmer Cases (Agent Orange)
24:07 How does VA calculate back pay over long time periods?
26:21 Back Pay and Compensation Offsets or Recoupment
- Separation Pay
- Severance Pay
- VA Pension
- Retirement Pay (CRDP and CRSC)
34:08 Appealing an Effective Date
READ THE BLOG POST HERE: cck-law.com/news/va-disabilit...
Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos.

Опубликовано:

 

3 авг 2024

Поделиться:

Ссылка:

Скачать:

Готовим ссылку...

Добавить в:

Мой плейлист
Посмотреть позже
Комментарии : 383   
@thewatcher4552
@thewatcher4552 3 года назад
CCK fought for me for 7yrs!! I won my case and got a kickback....Lets just say....it put a smile on my face :) God Bless CCK!! They will fight and win!! Be patient! I love them because I could just live, work, and enjoy life all while fighting for my claims. They know how the VA system works! I am forever thankful for CCK!!
@lifeizrealtv
@lifeizrealtv 2 года назад
How long did it take after you were notified to receive your retro pay?
@user-yr6li4vg8v
@user-yr6li4vg8v 4 месяца назад
If they are so good why did it take 7 years?
@randyhunt3086
@randyhunt3086 5 лет назад
I was hit by a WW2 German white phosphorus grenade in 1971 or 72 got out Jan. 73 and said at that time I wanted to talk to someone about disability, got laughed at and told to move on. I was also told that soldiers in Vietnam get disability not slackers serving in Germany. Friends told me around 1999 that VA was more friendly so I went to the Providence VA a Dr. Looked at my legs the picture of the pants I was wearing and listened to my story. There and then he told me I had nothing coming. Finally I went again about 5 years ago on a fellow veterans suggestion ended up being examined by two woman not sure their title who looked at my legs, I was also sent for a hearing test. I ended up being awarded 20%. No one has ever mentioned PTSD, sleep apnea resulting or other trauma and nerve damage until I happed to see your online help videos. Thank. You for the info you are sharing. Sorry, I was ignorant and thought that my country appreciated my service and would treat me fairly.
@1080terry
@1080terry 4 года назад
Randy Hunt that’s how I felt my dad lost out go get for ww2 my dad served in ww2
@phillong636
@phillong636 4 месяца назад
Go get it! Those bastards have already cheated you out of north of $1million. Youve atleast got backpay coming since 1999
@james7ch
@james7ch 3 года назад
Very thorough information! Thank you!
@gregavery327
@gregavery327 2 года назад
Very Good information. I am dealing with this problem now.
@xxdemonshitxx
@xxdemonshitxx 5 месяцев назад
I'm glad you talked about the historical tables when the VA calculates backpay. I wasn't sure if the CCK Backpay Calculator factored that in. Now I know!
@tonyaduvall49
@tonyaduvall49 2 года назад
They really need to review that one-year filing date. My father was enlisted 1962-1965 they told him when he left he couldn't get VA benefits because he was non-combat. Of course, later being a paratrooper his ankles knees back, etc went bad. The VA finally gave him dependency benefits in 2014 but said again he couldn't get disability even though his Primary Dr has stated his injuries are from his time being in the Airbourne. He has had one knee replacement on both shoulders. I finally had him file a claim this year because my son just got out of the military and told him there was no way he didn't qualify. He was just given 50% for his knee we haven't even added the shoulders yet. They need to start informing these vets of what they are entitled to. My father never even used his VA loan because he wasn't aware he could use it. It's a shame because they owe him for all of those years they lied to him about his entitlements. I'm considering an attorney to look at his case.
@noahbrown7055
@noahbrown7055 Год назад
Q+q+qq1qq1A
@noahbrown7055
@noahbrown7055 Год назад
QqQ)l111
@JeskaDax
@JeskaDax 11 месяцев назад
I was also told I couldn't get any VA help. I was discharged early back in 1996 for what should have been a medical discharge (Gulf War Syndrome), but since medical couldn't find anything physically wrong at the time, I was given a "Misconduct" separation (because my disabilities were causing me to miss work while I was still in service). It's a mess, and I hope at some point it gets sorted... preferably while I am still alive.
@Mr.DJones
@Mr.DJones Год назад
Thank you very much for your time and posting. Watching lots of videos before I place my three claims this week. Thank you again.
@darrylhudson2182
@darrylhudson2182 5 лет назад
Get a va lawyer, especially if you know you going after big money. Thank you for all this information.
@ktgaming2296
@ktgaming2296 5 лет назад
Darryl Hudson naw I’m good. They want 20% .. that’s bs.
@darrylhudson2182
@darrylhudson2182 5 лет назад
@@ktgaming2296 well everything can be negotiated, including fees. I'll tell you this speaking from experience, they'll set you up to fail without a lawyer... once your case hits the BVA everything is recited by law and former cases won are used as examples by your lawyer written in terms that only other lawyers understand. If the fee is only 20 but your winning outcome is 6 figures.... what do you got to lose?
@ktgaming2296
@ktgaming2296 5 лет назад
Darryl Hudson that makes much sense now.
@markcinco8405
@markcinco8405 5 лет назад
To label all lawyers with the same brush ignores centuries of good "dead lawyer" jokes. There's a solid checklist one needs to go through to find a decent attorney. What got mine fired was assigning an argumentative paralegal to mishandle my appeal.
@darrylhudson2182
@darrylhudson2182 5 лет назад
@@markcinco8405 common sense would tell anyone to do your homework before hiring anyone to do anything.
@christopherhalpin
@christopherhalpin 2 года назад
I just put in my appeal through CCK. I got a copy and it all looks good and is the truth of what ive been dealing with.
@stevenherrera8010
@stevenherrera8010 5 лет назад
Backstory: 1986 had an othroscopy surgery at 121 hospital in Seoul Korea, and stuck it out to get a honorable discharge. Yr 2000 was having difficult with knee and had to have surgery for a shaving of the patella horn and was given a 10 percent rating, then in 2001 developed a bakers cyst on opposite knee and was given an additional 10 percent. At 20 percent until 2006 when I filed for an increase as both knees were getting worse, after 3 times of remand and one time I got a letter in 2016 saying the judge who resided my case is no longer working for the VA and needs to get another judge, still waiting after 10 years plus after for something. Now during this time I have had 3 additional surgeries 1. High tibia osteotomy, about 1 year later another surgery to remove the 8 titanium screws with the t-bar as it was causing severe pain associated with it, then in 2015 I had another surgery and it was a total knee replacement where after surgery I knew it was rejecting it as I stayed 7 days in hospital in excruciating pain and sent home to where I was in sick much pain I literally stayed in bed for 30 days as I could not walk, stand,or even move such knee, then started rehab with machine but was too late by then as my knee froze. Going through heavy pain for 9 months going as I still didn't feel right as after one year exam the doctor told me I needed a revised surgery cause the instruments in the knee didn't fit right as they are loose and that's why you have no stability and balance and pain, I knew this. Anyway now on that exam I was given 100 percent tdiu with smc k as my rt knee is considered loss of use, I was given an extra 10 percent for a total of 30% for one month and then the 100 percent tdiu but was given back at only until 2015 not until the original claim in 2006 as the award letter said this is only a partial award as I assumed they might be working on more back pay as I waited a year before I called and the VA started my claim was closed. What gives?
@jamir4194
@jamir4194 Год назад
No, incorrect date of claim is not what they always go by. Even though they should be. I have been a part of the legacy appeal process since 2010. I waited over 12 years for the VA to get it together. CCK were my lawyers that represented me at Court. They argued in my evidence that my "husband" testified at one point how I had increased in my disability. The judge used that as the effective date. Not my date of claim. Which was further back before I was married. ALTHOUGH, VA did raise my rating, I am now having to argue the effective dates because they used testimonials as my effective date over my date of claim in my records. Which granted a lower retroactive pay. It is a neverending process to get it right! Keep fighting 💪 it will eventually pay off!
@mommyharris1111
@mommyharris1111 2 года назад
My father has always suffered with survivors guilt and has never wanted to file for his benefits. He just turned 80 years old and he’s finally filed for his VA pension. I have tried to convince him to get his backpay my father is in very poor health I really feel like he’s entitled to get his backpay to 62 years of age. I really don’t think this is a fair assessment. I guess I should get an attorney.
@euriebraylee5455
@euriebraylee5455 4 года назад
Effective date as you said at the end dosen't always mean the date the claim was submitted. I filed for an increase 2015, denied Jan2016 filed NOD Jan 2017 (before the year was up), C&P in Oct 2019, got approved in Dec 2019. Received my back pay of only 1 month with an effective date of Oct 2019. It is so frustrating dealing with these people.
@ShortJourneys702
@ShortJourneys702 4 года назад
They are trying to do that to me on ssoc for remand, after claims from before 2014. They did c&p exam in July and deny back pay from before and after c&p
@euriebraylee5455
@euriebraylee5455 3 года назад
@@ShortJourneys702 my DRO denied me the back pay on one claim, but she reinstated another claim I put in due to my medical folder and put the retroactive date for 2014, so I was able to get what I was expecting and more.
@vinsonburton8781
@vinsonburton8781 Год назад
@@ShortJourneys702 U
@justbeheardSPC
@justbeheardSPC 11 месяцев назад
Originally filed for tdiu in April 2021 got denied. Supplemental claim in January 2022, got denied. Higher level review in February got denied in August 2022. Filed supplemental for tdiu in May 2023, got denied. Supplemental claim again in July, August 18 got 100% schedular p&t on top of tdiu p&t.....wrong effective date. For some reason they set it for September 2022. 5 days ago filed NOD pointing out the original April 2021 date. Not sure where the heck the September 2022 came from, but it's now in Preparation for Decision phase. That was fast. They better go back to April 2021. I'm sick of these people.
@willharper7888
@willharper7888 4 года назад
I filed my claim January 21, 2020..have gotten two notices telling me they are still.processing my claim. So I am just patiently waiting..went about 21 years without even knowing anything about filing compensation claims, and I had three CITATIONS from my Captain of my ship to SUPPORT my claim..lol so I have been basically cheating myself out of money for over 21 years..but hey better late than never...IT'S MY TIME NOW!!! Going for that 100% with ALL MY MIGHT!! #gonavy 😷✌⚓
@1080terry
@1080terry 4 года назад
Will Harper I feel you my brother that’s how I feel go get it
@willharper7888
@willharper7888 4 года назад
Appreciate that Ivan, we all DESERVE every penny we can get!!!! #😷✌⚓
@willharper7888
@willharper7888 3 года назад
UPDATE: lol....I called the VA claim status line about a month ago, and the guy on the other end dropped a BOMB on me!!! He told me that my claim was still at step 3 (gathering evidence) said they were waiting on my service records...it's been 8 months now since I filed...and when I asked him for an ESTIMATE on the completion of my claim...😂😂😂....he said maybe JUNE of 2021!!! I said what??? That would be a year and a half since I filed the claim...he said it's just and estimated guess because of the PANDEMIC...I really didn't think they were backed up like that, but dang man...I just HOPE and PRAY I am ALIVE when/if they ever do complete my claim!!! WOW....#standfast😷👍⚓
@johnfisher3853
@johnfisher3853 3 года назад
If i filed ptsd 2011 and they denied me and filed 2019 and was denied then filed 2020 and was granted should I get back pay from 2011
@isaiaslopez8974
@isaiaslopez8974 3 года назад
@@johnfisher3853 I'm in a similar situation. I can't really find any information on that.....
@JayDKB
@JayDKB 5 лет назад
I have a huge clear error but I don't want to have to give an attorney 28% of what should be an easy claim BUT of course VA wants you to scrap for it.
@metalarteestsliger9321
@metalarteestsliger9321 2 года назад
Nobody is holding you prisoner brother. If you feel you can represent self, do it. If the situation seems too dificult to work on your own, hire an attorney or request a useless VSO (never request a VSO rep if it is complex. 28% is reasonable considering 0% for said issue is what you have now. If you truly think it is "huge clear error" stop complaining and rep yourself.
@lukejones1521
@lukejones1521 2 года назад
Valuable information
@carolgallagher1814
@carolgallagher1814 2 года назад
I ve been at the vets hospital and they were asking so much papers, when my husband had a heart attack, and ended with a heart failure with disability, no show of support or information just got to to take him home to his children. this happened in March 11 out off Penn hospital with 6 days to live with hospice. Thanks God still alive and the mercy of Doctors at Penn Hospital and nurses...is disable but nothing about veteran benefits, thank you.
@ritaholden4591
@ritaholden4591 5 лет назад
What a mess we are in. We were right there then the law changed now we wait AGAIN! Only been waiting for 16 years now.
@jimlane2961
@jimlane2961 3 года назад
Please Rita YOU FORGET THE GREAT Phrase HURRY UP AND WAIT...AND NEVER VOLUNTEER.. I,M Going on 23 YEARS , MY ATTORNEY Took my Case AFTER Reading MY C-file They're STILL FIGHTING FOR ME. AFTER 5. YEARS NOW, NOW A. ' Q ' HAS BEEN. FILED AND STILL WAITING !
@JayDKB
@JayDKB 5 лет назад
What if you have to file a Lawsuit can you get additional compensation for the VA making you wait?
@jorgealvarez4139
@jorgealvarez4139 2 года назад
Got declined for headaches even though it is in my medical records when I was active duty
@timothybrady1174
@timothybrady1174 3 года назад
For those who filed their claim within 12 months of discharge and get an effective date of the day after discharge, is the Veteran compensated for that first month? Or does the compensation begin the next month?
@leonardniles7912
@leonardniles7912 4 года назад
I had both knees replaced at same time but only got raided for only one I appealed the other knee because the doctor that did my knees said he had to do both at same because it would not hold me up .This was done at a VA hospital in 2010 ,so I'm trying to figure out what I need to do to get compensated for this.
@timcanfixit7250
@timcanfixit7250 3 года назад
Can you please talk about what compensation issue means after a case has been approved ? I see alot of people asking about the meaning of compensation issue meaning on case
@kimberlyblunt
@kimberlyblunt 5 лет назад
I'm waiting....CCK
@tsomers1
@tsomers1 4 года назад
there is a difference in "increased rating" and "appeal of the existing rating", right? (as far as back pay)
@jameskane1500
@jameskane1500 3 года назад
I had back problems back in the 80's when I was in the navy. I have had 2 back surgeries, plus have sleep apnea, heart problems. Do I file for VA disability?
@MichaelOliver-ry7fj
@MichaelOliver-ry7fj 10 месяцев назад
Almost Oct 1St 2023! My how things have changed! Have a "soon to be" (Post Remand) final Decision; Certified back To March 2006. Two Issues, #2 Pension!
@myteepatriot4643
@myteepatriot4643 4 года назад
So I need a Lawyer to get a lawyer in getting a fair agreement with the Law firm that is handling my back pay?
@artrunningbear3599
@artrunningbear3599 4 года назад
When I was released I was told that my head injury was just a big bruise even though I lost my complete memory and could not walk with out falling down I could not use my left arm and my left rib cage was broken including three fingers. I could not talk well it was like I couldn't make sounds. I was assigned a person to watch over me until I recovered my memory and regained my sight. I saw two doctors arguing about keeping me in or releasing me. The doctor that released me looked like he was really scared about my injury but listened to the other doc and they both left me after about a week. For a long time I was lost and couldn't walk well or think clearly so I lived outside for a long time, just couldn't think clearly.
@5FrogRock
@5FrogRock 3 года назад
That's awful. I don't know you or your beliefs, however I do believe in Angels and I will send a few of my connections to look over you. You will be in my thoughts and heart. Veteran Lori
@nate2091
@nate2091 5 лет назад
What if you have two conditions one warrants the efective date for back pay and the other does not how does that play out?
@johnsales1469
@johnsales1469 5 лет назад
I have been waiting 7 months for back pay since 2007 extra schedule pay
@elmarine7132
@elmarine7132 4 года назад
JOHN SALES how do you go after back pay? Does the VA already get this started after giving you a bump in rating?
@jamesaustin755
@jamesaustin755 4 года назад
What if you were diagnosed with a stress disorder the day before your discharge without knowing it and you were treated for physcophysiological skin and back condition can treatment records be used for an earlier effective date?
@michaelfinn1803
@michaelfinn1803 5 лет назад
the IR , should be granted to the day of the claim, plus 1 year prior to the claim. FRANSICO vs ????
@stanstanly3812
@stanstanly3812 3 года назад
I have an effective date of Dec 26 1997 for hearing loss but I got 0% because they said I missed an appointment. I just recently applied for a benefits increase (my hearing is very bad) and I'm waiting on their decision. I've had hearing test's done throughout my carrier after the military and they all show hearing loss. I'm confidant I'll receive a new rating and monthly benefits but my question is - will I receive any retroactive pay?
@MaaaM79
@MaaaM79 2 года назад
Any info on why we have to pay back seperation pay (recoupment)
@giftedandblack494
@giftedandblack494 3 года назад
Told I as a widow could get no CID at all 13 years ago. Can I go after them for the payments I never got because I was told I was not entitled to anything.
@Icerob1
@Icerob1 3 года назад
What if I had a few va claims out and am awarded 100% before my other claims are approved? I got 100% but I have 5 more claims that are in appeal status for the past 2.5 years.
@scott090278
@scott090278 4 года назад
The VA have me a 40 percent rating on 2009. They have only paid me 20 percent for the last 10 years because someone didn't put in the other 20 percent and I wasn't aware of the change either. I just recently went for a new CP exam and the examiner told me I was getting 40 percent. I contacted the VA and was told " somewhere we messed up and somebody didn't do this right. We are sorry and we will be sending you some paperwork telling you how much we owe you". Is the VA liable for any type of penalty for non-payment?
@jenessawright1645
@jenessawright1645 Год назад
Great question! Did you ever find out?
@TechmasterBill
@TechmasterBill 9 месяцев назад
Question: Since my father was a Vietnam veteran and he suffered with Parkinsons for years (and he sadly passed in 2017) my 2 brothers and I were awarded the Nehmer case retroactive benefits (split 3 ways) and we are curious if that lump sum payment is considered tax-free? Do we have to include that as income and will we be required to pay taxes on it?
@todaywithkenae325
@todaywithkenae325 3 года назад
I have a pending claim for an increase. I’m currently at a 90% overall rating and recently received retroactive pay of close to $5,000. Does this mean my rating was increased? Can I receive retroactive pay if my overall rating didn’t increase?
@1013dblock
@1013dblock 2 года назад
So I put in my claim for my left shoulder during my exit physical in 2010 and was denied. I kept putting in for my shoulder ever since. I didn’t know about the nexus letters and stuff. I recently put in a supplemental case in after being denied back in July 2021. My question is do you think I should receive retroactive/back pay from 2010 or July. And if so will be able to appeal this. If so I would definitely be looking to hire you guys if it goes in that direction.
@dreamlandautospa2925
@dreamlandautospa2925 2 года назад
Do you get back paid when adding dependent notice one dependent wasn’t add to claim till later I notice and added it but wasn’t sure if back paid
@anthonygrant2902
@anthonygrant2902 3 года назад
I applied for a head scare in 83 then in 88 I was denied so I stopped then I applied again in 2014 denied again so I applied for my left knee injury 2020 they denied that but gave me 30% for my head scare that I was denied in 83,88,and 2014 so I'm asking can I get back pay at some point?
@CaughtInTheMiddle0823
@CaughtInTheMiddle0823 3 года назад
In March I put in for an increase on my MH condition. Was awarded from 10%-30%. The increase did not push me to 100%, however, they moved me to 100% p&t based off a rating given to me for gout bilateral in 2017. Between the 10-30%((which only raised my rating from 90% to 93% and the rating being changed on my gout rating from 2017, which direction if any, would/should the retro pay go and how?
@jaysimmons3795
@jaysimmons3795 2 года назад
Good question
@yrl795
@yrl795 4 года назад
I am going from 90 to 100. That 10% back pay is 1x times the number of months right. I have 6 claims that are being rated and they have 2 different effective dates but I'm assuming it will be back pay once regardless of the different claims and dates. Please correct me if I'm wrong.
@AskDrAIJames60
@AskDrAIJames60 2 года назад
I was awarded 100 percent p&t and I noticed that one new claim stated enhanced disability severance pay. I received 40 percent for a previous 0 percent claim. Should I expect severance e back pay?
@davidretondo2871
@davidretondo2871 4 года назад
does anybody know if my claim, if approved will retro the year if my VSO didn't file my claim until 1week after deadline?
@SuperFriday
@SuperFriday 3 года назад
Disability effective date: June 6, 2018. When does the veteran receive their first payment, July 1st?
@Jacquelyndorindachic
@Jacquelyndorindachic 3 года назад
Contact them 18008271000
@lawrenceekdahl1138
@lawrenceekdahl1138 4 года назад
What happens when the VA asks for a new list of the veterans physical problems and the medical people charge money for those records?
@MattDeckard
@MattDeckard 4 года назад
They sent the check to the wrong address and the person cashed the check. How long does it take to get that pay that was paid to the person that forged and cashed a signature, and when do you investigate? This has been reported for 8 months with no action.
@edilitonamit1321
@edilitonamit1321 3 года назад
In 2106 my uncle claim on ptsd and got denied...this year 2021 he re-apply angranted combinef of 70 %...does he get retroactive pmt from 2016
@SOCORROGM
@SOCORROGM 3 года назад
does the VA reject[hold] payments of larger sums to try to disprove the records ?
@naydenereicks3915
@naydenereicks3915 5 лет назад
if there was a claim made in 2014 and the dignoses was just made recently. what date will he be paid at.
@ktgaming2296
@ktgaming2296 5 лет назад
Naydene Reicks should be when you first did your claim. That’s my opinion
@pcsocoronel5753
@pcsocoronel5753 4 года назад
Can a claimant at va be granted what is due, even without getting an attorney? Pls consider.
@harrygeorge9492
@harrygeorge9492 Год назад
I had a 40% incresed from 10% disability rate that did not include my dependents till now and am very confused and emtionally disturbing to think about it. There is no VA office or even a clinic to help with our injuries and do not know where to turn to for help. Please I will appreciate any help.
@lolabaggottstandifer764
@lolabaggottstandifer764 2 года назад
I was denied a claim in 2012 when I was claiming an additional disability as well ass reviling for the other disability and the DAV refused to allow me to file and it took until 2015 the DAV allowed me to file the claim. The VA told me to keep trying to file. I did file at another DAV place and finally granted my claim.
@shellycarter184
@shellycarter184 Год назад
So when am I so post tovget my claim how do I find out I'm so confuses TNk u so much
@jesseearly804
@jesseearly804 5 лет назад
If you get back dated what rates do they use? I know the rates have changed over the years, so would I get the current rate paid to me or would the rate be changed as the dates go back?
@CCK_Law
@CCK_Law 5 лет назад
@Jesse Early, To calculate a veteran’s back pay over the course of multiple years, VA looks to its historical compensation rate tables. VA disability compensation rates may change each year pursuant to the Cost of Living Adjustment set forth by the Social Security Administration. Veterans receiving back pay are paid the compensation amounts respective to each year. For example, a single veteran with no dependents rated at 50% would receive $770 per month in 2010, and $855.41 per month in 2018. To learn more about back pay, please check out our blog: cck-law.com/news/va-disability-back-pay/
@robertvona4622
@robertvona4622 4 года назад
Do they give you your back pay all at once or periodicals
@YABUKIJOE2077
@YABUKIJOE2077 2 года назад
the back pay just came in. Me and the VA can be friends now
@gkeith64
@gkeith64 5 лет назад
So what happens when the VBO decides to act as though they never received your paperwork. Then after10 years you prove they've been throwing your paperwork out?
@millionairemoney9922
@millionairemoney9922 5 лет назад
You contact someone who works at the VA as if you don't know what's going on. Not accusing just asking. Ask to have a supervisor call you. Then contact your congressman with that person's name. Be nice and act clueless. I had to do it
@pattipassaro3958
@pattipassaro3958 4 года назад
My husband was granted SC for CKD on 2/19/2019 dated back to July 2010 but the 0% rated him well we filed to get is It rated and they did increase him to 60% based on the same medical evidence the connected him to but I think the just looked at the medical opinion of the VA MD stated more than likely related to his abuse of NSAIDs (in Feb rating) rated to his SC injuries. but I don't think at that time looked at his Lab results. so the addition evidence we sent in they awarded the 60% but only back to May 2019 not the July 2019. I just don't know is it better to file supplemental claim or appeal we don't want to be waiting forever what id the estimated appeal time . what are your thoughts on this
@CCK_Law
@CCK_Law 4 года назад
@Patti Passara Generally speaking the effective date for a reopened claim is the date VA receives the claim to reopen, not the original claim date. On average to file an appeal it takes about 1,573 days to process.
@keyinervin2980
@keyinervin2980 4 года назад
I am claiming PTSD but I already have 90% with unemployability. My question if I am to get rated over 70% for ptsd and eventually get bumped up to 100% could I still get back pay?
@ericortega5638
@ericortega5638 3 года назад
I filed a claim feb 2020 for tdiu and increase i had my first c&p exam and it didn't go well so I asked for another one. They granted it and it was a success. I was denied for tdiu but the increase was a success. But they didn't back pay it to Feb they dated to the date of Dec 3rd which was the date of my 2nd c&p exam which they said entitlement arose. Why is that and can I appeal that? Thank you for everything
@pbjae8140
@pbjae8140 3 года назад
If someone goes from 30% to 50% with a backdate of 10 years. Besides the back pay for the disability rating, does the veteran also get back funds paid for VA medications?
@LeftBehind666
@LeftBehind666 4 года назад
Does back pay apply to active duty members who filed a cliam while in service using the IDES program?
@evelynpreston8422
@evelynpreston8422 2 года назад
Why are veteran force to take medication and procedures when state laws protect them against this it a violation of THEIR rights!! If they don't adhere to this intrusion of medical help they are not entitled to financial benefits. Are they as some has called it to ginny pigs?
@LeftBehind666
@LeftBehind666 2 года назад
@@evelynpreston8422 The fuck are you on about? I asked a question about backpay.
@SgtRobert-qb8kt
@SgtRobert-qb8kt 3 года назад
Can u get a VA PENSION DISABILITY SERVICE CONNECTED PENSION CLAIMS DATED DEC 1991 WHEN THE BACK INJURIES STARTED
@emmitcollier7823
@emmitcollier7823 4 года назад
Can a veteran designate how his back pay is to be divided? (ex) wife gets 30% and his adult and minor children divided the remaining 70% equally but he dies before its paid.
@evelynpreston8422
@evelynpreston8422 2 года назад
My husband was a Marine and past July 2021 . He serve two tours He was diagnosed with agent orange He receive some of it before passing as his wife his benefit have decrease to about a third just enough cover mortgage of a home or less . When when he expect more for me.
@larrytarras6867
@larrytarras6867 3 года назад
I am total and permanently with 100% disability. Do I need to be on Medicare? Your company failed to tell veterans about this issue. It’s very important! Thanks! I also have questions on V. A. care for veterans. I had dental implants put in and now I have no taste or smell. What can I do?
@00ooo000
@00ooo000 4 года назад
Does VA pay interest on backpay? Say you are fighting for benefits from 2003-2011. In you are awarded the benefits in 2019 will you receive interest on the money? Thanks.
@CCK_Law
@CCK_Law 4 года назад
@MEMYSELF66, the amount of back pay a veteran will receive depends on the effective date of the claim, and the disability rating granted from VA. To determine the amount of back pay you will receive we have a back pay calculator to help you. cck-law.com/va-disability-retro-calculator/
@henrydavis9826
@henrydavis9826 3 года назад
I filled a claim in 1977 it was denied no record of eye injury I have pictures of it can I get back pay if I get records of that injury
@starstripes5098
@starstripes5098 5 лет назад
I received my injury (TBI) in 1979, I was beat in the head and face WTH/M16; I have absolutely NO MEMORY of the insident, I was taking to ER in Europe everything is documented by Neurologist at the time.It wasn't until I went to apply for and attendance because I was falling all the time, and blacking out! But I had no idea those "BLACKOUTS" were actually seizures all these years.My ?? Since I have no memory of the attack? Why is it I can't get retro pay, it's fully documented in VA med rec, plus I wasn't able to apply for an injury, cause the damages to my head caused amnesia, and memory loss.....is there anything else I can do??
@CCK_Law
@CCK_Law 5 лет назад
@Elizabeth Kelley, thank you for reaching out to us. We would like to learn more about your situation to determine if we can help you. Please contact one of our intake specialists at 844-549-4500. There is no charge for this call. Thank you, and we look forward to speaking with you soon.
@rellirel82
@rellirel82 4 года назад
I've been out the Air Force since 2005. I'm just now starting to claim the just now claiming the issues that I have since then. Are you saying I can't get back pay from 2005 to present? I only get back pay from the time i start my claim?
@CCK_Law
@CCK_Law 4 года назад
Hello @rellirel82, Generally, you will receive back pay from the time VA received your claim. If you would like more information, our blog on effective dates may be able to help. cck-law.com/blog/cck-live-effective-dates/
@evelynpreston8422
@evelynpreston8422 2 года назад
When a veteran passed why is the spouse not supported to see what she left hanging where what can the spouse do?
@eugenehofmann4013
@eugenehofmann4013 5 лет назад
The VA is dirty
@masterpeace6804
@masterpeace6804 3 года назад
I don’t the VA system but I must find out my entitlements.
@AllanMorga-kd8ew
@AllanMorga-kd8ew 10 месяцев назад
Caregiver supports stipend that was denied o on the first try but was approved later. Will the caregiver entitled to back pay effective date.
@hellsscoutact5379
@hellsscoutact5379 4 года назад
What if by an act of government some of your flight surgeon care is not in your records.
@martinbracken7810
@martinbracken7810 2 года назад
I got out of the army they said I had asthma and that was in '79 and I put in for that in 2015 and that didn't pursue it now I'm following up on it what would be the answer
@annzilch2222
@annzilch2222 4 года назад
My original effective date for my major depressive disorder is in 2011. Will I only get backpay back to 2011 if my rating all of a sudden goes from 50 to a hundred?
@TashenaNicole
@TashenaNicole 4 года назад
Ann Zilch I’m 70% Major Depressive Disorder. In appeal right now to get an increase.
@Linxs718
@Linxs718 Год назад
I got denied for my LBP. However, the examiner did say in his notes there where in service events and treatment but no current diagnosis. Fast forward 9 years later. I have LBP, with osteoarthritis, sciatica radiculopathy and degenerate disk disease. I just filed a supplemental claim for my new relevant evidence. I’m sure I have to go to a c&p exam. Would anyone recommend that I mention these symptoms to the examiner? ( I know he or she can read the notes) I’m just trying to see if and when I do get percentage for me LBP. If I can use these other developments as secondaries or should I mention them ? Any help is highly appreciated.
@toolivepee9553
@toolivepee9553 2 года назад
Basically the one year period isn’t important because you’re filing against the claim. It’s the purpose of an appeal. Cases can be reopened by law of state.
@MP1SGRET
@MP1SGRET 2 года назад
Is there a special monthly compensation for coronary heart disease rated at 30% for agent orange = Vietnam?
@grandprz1008
@grandprz1008 4 года назад
BVA effective retro date based on not having evidence from docs, but it’s clear that the symptoms didn’t start that day. How would a vet/rep articulate that?
@CCK_Law
@CCK_Law 4 года назад
Hello Derrick, it sounds as though you are seeking an earlier effective date on your claim. You can read more about appealing for an earlier effective date in our blog if you'd like: cck-law.com/veterans-law/earlier-va-effective-date-of-disability/
@MrMenyfaces
@MrMenyfaces Год назад
How about this scenario? I had put an informal claim that I forgot about back in March 2013. I know they change the rules about informal claims in 2015, but because my initial claim was March 2013, it holds water. I just put in to see if they would retroactively backpay me to this day, and I did give them evidence, such as my Social Security statements to show my past 26 years . What do you think about informal claims? I did not see a video about that.
@robertgilbert7400
@robertgilbert7400 2 года назад
I got back pay and they payed my Son's student loans.
@phantomgolf
@phantomgolf 2 года назад
Did you have to apply for it or was it automatic?
@robertgilbert7400
@robertgilbert7400 2 года назад
@@phantomgolf Mine was automatic,but it won't hurt to see your local V.A. Office.
@darrelltalbert6625
@darrelltalbert6625 2 года назад
So if original claim was 2014 and denied but filed a supplemental claim in 2021 and approved. Do VA pay back to original claim denied only change point was a different doctor and location.
@claribelramos1551
@claribelramos1551 4 года назад
What form is necessary to apply for retro active pay for a service connected disability that was proven after it was denied? Thank You
@jeanallen1911
@jeanallen1911 4 года назад
Dont give up you are owed that retro pay. Contact the VBA thats where we started and was on hold for hours at a time. Very important keep all hard copy original documents even if it does not look important keep everything VA conveniently has a habit of losing your documents. I was told a slip of a finger can happen. VBA told us this. Dont stop call the main VBA office to get your back pay.
@MyBeaversUnit
@MyBeaversUnit 3 года назад
question... how many cases of veterans do you all take on to help people that serve our country pro bono??
@duwaynehall9222
@duwaynehall9222 2 года назад
If I ever was never informed that I had.become disabled in the military is the VA still obligated to provide Back Pay if I found out after 30 years?
@thunderjet4294
@thunderjet4294 4 года назад
So hypothetically a veteran is diagnosed with PTSD in service then while in service it is changed to adjustment disorder this is in say 09 to 2010 timeframe the veteran is medically discharged in 10 then goes on the next 9 years to current time when same veteran has filed for disability for ptsd and denied in 2010 2013 and 2015. In 2019 the veteran finally gets a va rating for service connected disability for ptsd. Could this be used a C.U.E?
@CCK_Law
@CCK_Law 4 года назад
@mustangveteran, sorry to hear about your struggles. Our blog may have the answers you are looking for, in regards to filing a CUE. cck-law.com/blog/cue-claims-how-to-challenge-a-final-decision/
@papa41948
@papa41948 3 года назад
I just had total fusion on back pain. After discharge, any back pay for me
@herculeskeitt7467
@herculeskeitt7467 2 года назад
Va has claimed to have sent a letter of denial on 04/2020. I myself have not received the letter. I'm still waiting for this letter and I went to my vso office and got a update and had to send in the claim. Now there's saying that the claim is closed.
@allennoble9261
@allennoble9261 4 года назад
I hve first asked for TDIU in 2014 have hd TDIU ON all appeals since so would my ED BE IN 2914
@reginaldrowels3439
@reginaldrowels3439 4 года назад
I was awarded 30 percent Dec 7, 1979 for Sarcoidosis with skin involvement and now Sarcoidosis along with COPD and blood clots in Lungs so I put in for and encore as will I get retroactive pay from 1979 to 2020 ?
@CCK_Law
@CCK_Law 4 года назад
@ReginaldRowels, generally speaking, an effective date is the start date the VA uses to begin payments. The VA grants effective dates based on either the date it received the Veteran’s claim, or the date that entitlement arose
@raquelbilbraut9365
@raquelbilbraut9365 5 лет назад
What if diagnosis was made both limbs while in service (‘95) made claim in 2013 and was denied, then later resubmitted in 2017 but only 1 limb was awarded but still have proof of both and still denied for other limb yet still continue to be treated for pain in both limbs?
@darrylhudson2182
@darrylhudson2182 5 лет назад
Get that NOD (notice of disagreement) in first and apply again for that other limb with your evidence. I ran into a similar situation and I just hired a va lawyer, he quoted va law and brought forth other examples that definitely helped me win my case. I was always told by the Vietnam vets, if it's a lot of money on the line... hire a va lawyer. Good luck with your case.
@michaelfinn1803
@michaelfinn1803 5 лет назад
It will only go back to date of claim, your resubmitted date. You should have filed a NOD with in 1 year of your Decision Letter, back in 2013, if you did not , its dead in the water, so resubmitting is great, plus new evidence, and if granted it will only go back to 2017, hope this helps xx
@AllanMorga-kd8ew
@AllanMorga-kd8ew 10 месяцев назад
What’s the effective date of presumptive illness when symptoms predate the illness manifestation.
@coreygamble1478
@coreygamble1478 Год назад
I have a question for you I am currently at 80% and have 7 claims pending Hopefully it carries me over the 💯 mark. The question is I had claims that I put in in 2017 my effective date Jan 6 and at the time I was at 40% and my claims were approved in June 2017 and I went to 80% but I never received a penny of retro pay. Now if I was going to seek legal counsel should I wait until my other claims are finalized? Thanks for your help.
@manuelgavino3636
@manuelgavino3636 4 года назад
When do you get the backpay?
@edgarsmyth581
@edgarsmyth581 3 года назад
Why cant i get back pay after i lift service, made appeal, but denied, then after many years made appeal, and was granted 100%, but only started paying me from the date of the l most recent appeal.
@iRecordOS
@iRecordOS 2 года назад
What if you make it to 100 percent from new claims and an old claim on appeal gets granted. You can’t go up so I assume you’d miss out on the back pay.
Далее
VA Disability for Back Pain
31:36
Просмотров 124 тыс.
БАТЯ И СОСЕД😂#shorts
00:59
Просмотров 1,3 млн
The Do's and Don'ts of VA C&P Exams
27:15
Просмотров 238 тыс.
How to Get Years of Back Pay from the VA!
18:30
Просмотров 32 тыс.
How to WIN Your VA Unemployability Claim
57:25
Просмотров 77 тыс.
Common Secondary Conditions to Back Pain: VA Claims
25:02
How to Get a 100% VA Disability Rating
45:52
Просмотров 59 тыс.
LIVE Q+A with VA Disability Benefits Lawyers! 07.03.24
1:06:24
BVA Decision Received | VA Disability Benefits
7:41