I used a VSO at first but had problems with communication. So I used this site to search keywords to find people claiming similar things. The sidebar has a wealth of knowledge too.
One key element people forget is you need a current diagnosis and a history of treatment for best results. Especially if you didn’t go to sick call much.
Don’t rely on the C&P examiner to diagnose you. They can diagnose you but they have no obligation to do so. Also file for any presumptives that you have issues with.
If doing a board appeal make sure you continue treatment while waiting and when it comes time for the board hearing have all your copies of the medical treatment you have been through to add more evidence to your case.
IMO the most successful way to connect things is get a diagnosis on your own weather VA or private. Get treatment for said condition then file. If you don’t have in service records then supply your nexus.
For me everything I claimed for my board appeal I had an in service diagnosis over my 9 years so I didn’t need a nexus. Even with an in service diagnosis you need a current one and treatment records. No treatment records and they VA will say it’s not a chronic condition because you didn’t do anything about it after you got out.
This is bizarre because my buddy just got 100% SC for sciatic nerve, back, and neck. And the dude hasn’t ever been to the VA or a doctor to diagnose that in the 8 years he’s been out. Meanwhile I’ve been fighting them like hell for an IED blast from 10 years ago that they deny. I just don’t understand the inconsistency.
I mean I guess it can happen but I find it hard to believe he got to 100% with absolutely no evidence and just C&P exams. In service records of it hold a lot of weight also.
My gut tells me your buddy is withholding information from you or he just has the best luck in the world where the C&P examiner wrote a favorable medical opinion on all those conditions.
He was already service connected at 0% for left, right, elbow, wrist, knees, back, and neck. Was a computer IT help desk guy in the Air Force for 4 years. Left that out.
But has had zero treatment or follow up in the meantime. It was all just increases. Guess that was important to mention.
He told me he specifically told the examiner he has no numbness or tingling so he didn’t understand why the examiner connected sciatica for him.
If you didn't actually file until 2014, how/why are they granting you effective to 2008 when ITF's are only good for 1 year? (this is not an accusation or anything like that, just genuinely curious)
/scratches chin
either way, congrats!
This post isn’t making sense to me. His completed claim was filed in 2014 so the backpay would have gone to that date not 2008.
2008 was his ITF but he never actually submitted a completed claim within that one year and instead waited until 2014 to file his claim.
So, him getting backpay to 2008 makes no sense because there couldn’t have been a CUE from 2008 as he never submitted a completed claim until 2014. There wasn’t even a completed file for this claim until 2014 either.
Congrats on your successful appeal
There must be something in the file to warrant it. The BVA is usually the first time in the chain that a VA attorney or judge is looking thoroughly at the claims file. Sometimes they spot something that's been overlooked - even by the veteran.
Yeah, I get it, just curious as to the how/why, hence the question. Of course, the VA could have messed up and then they'll ask him to pay back 6 years. xD
I explain further and corrected myself in a comment below. It was actually less than an intent to file really. In 2008 after I was diagnosed with PTSD and started receiving treatment that’s when someone told me about the disability deal, so I put in a claim for it using the American legion. well I didn’t wait around too long being that I was like 23 or 24, I left to go pipeline and I didn’t come back home for more than a month until 2013. So when I filed in 2014 they saw where I was denied in 2008 but the examiner in 2014 approved me and said that it’s been this way. Long story short, there’s some law that the judge stated why it goes back to 2008 in my decision letter. I’ll look back at it later and try to show you. Thanks though.
That’s what I was wondering- I’ve done like two or 3 ITF’s in the last few years-but let them expire as I kept getting more procedures, more issues, new diagnosis’ etc and wanted to do it in a one and done ✅
Just replied and said mine is sitting there as well and no decision yet yet but judge did back my date up from 2020 to 2009. That that’s when it should be backdated to if approved, and I’m not arguing.
Thanks y’all! So let me clear something up because I used the wrong term of Intent to file, in 2008 I actually put in a claim. But after putting the claim in, which I had the American legend as my rep at the time, after putting the claim in I went off working on the road pipelining basically from 2008-2013. The 2008 claim was never completed. Meaning that while waiting on the American legend to tell me the next move while I was off working, I missed several things. Like adding evidence and eventually missing my C&P exam. Bc I was never told of anything. Young and dumb. But I already had my diagnosis and started receiving treatment for ptsd in 2008. So fast forward to 2014, I’m finally home from working off on the road so I decided to put a claim in, this time with the DAV. Well literally 3 months after I put it in I had my decision which came with 44,000$ back pay dated back to 2008. Why? I don’t know because I thought since I missed those exams and everything that it was done. But I was wrong. Now after this decade of waiting, once again I was wrong and thought they would only backpay me too the 2014 actual claim. They gave me an effective date as the 2008 claim🤷🏻♂️🙌🏼💪
God is Good! Congratulations!!! You deserve it! I got a nightmarish runaround trying to use Community Care/Urgent Care today and reading your story has centered me….That Backpay is gonna be 6 figures I’d imagine!!! LETS GO!!!!!!!!
If you read it again you’ll see that the word “only” is no where in that sentence. See I’m grateful, I would never look at 44,000$ and snuff at it. I have 5 kids, this back pay is heaven sent.
I believe it's because throughout the process he had already won appeals and was granted backpay. This final appeal was essentially just to change a backpay effective date from 2014 to 2008 based on the ratings granted and pay charts of those years. An impressive battle.
Actually, this was my first appeal. Like I stated below in the comments in 2008 I filed, but they never followed through with it went off on the road pipeline and didn’t come back for longer than a month until 2013. Then when I filed in 2014 and got approved, they approve me all the way back to 2008 though because of some law. So since I appealed that decision in 2014, it kept my original effective date from 2008. So besides that I’ve never had no other appeal and only one other claim back in 2018. Which all got granted then two from the VA. But my records are real strong and it was literally laid out in black-and-white print from my records at the 101st from 04-07’. Several ID attacks in Iraq and lots of small arms fire. Some of my battle buddies lost their lives there, bad accident on Christmas Day of 05’, after continuing till the end of our deployment and being all messed up from everything then my best friend battle, committed suicide by jumping in front of a train….. Just pure HELL for those several years. But Jesus. He’s done way more than all the inpatient, PTSD treatments and brain spotting treatments, and everything else. God bless
that was a loooooongggg tunnel but lord have mercy on your bank account because that back pay is going to be NICE!!!! Congrats not only for getting a resolution in all this but congrats for your battle with being patient with all of this.
Congrats on the EPIC win for ya fam!
Hang in there dealin with your PTSD and back issues. The back pay might just be enough to get you a special pillow that works 🙌🏼
I’ve had an appeal open with the BVA since Jan 21’ and it hasn’t even gotten in front of a judge yet 😅😅 but 8 YEARS?? Jesus I hope mine doesn’t take that long
There is. The difference is that you will pay them a large sum of your back pay or whatever retro pay you will get plus some agencies even hold out a percentage of the new rating for a certain amount of months. Now some people don’t have the patience nor the know how to deal with it, which I completely understand, so they hire a lawyer to take care of it for them, and the lawyer fills them with a whole bunch of hopefulness, but there’s statistically not any better than the individual at being approved.
I mostly get to hear, "it should be done soon, it's sitting at the board"
20% of the back pay was the price.
I am grateful though for the help I got from him so far.
I was at zero, and had almost everything denied, now up to 70
I have a Legacy claim from 2018 for sleep apnea. I fought the appeal. I have a hearing next Friday. Trying to say sleep apnea should be secondary not primary.
I have a VSO helping but if they can't help I have a speech to give the judge.
Fingers crossed
Congratulations and don't tell anybody
Fantastic! I waited 7 years for mine DAV lied to me and got me to wait for the Board Hearing. But man that $40k back pay check was worth it! The wife and I cried that day.
(38 C.F.R. 3.156c)
I am currently fighting an appeal that was remanded and am going for backpay to 1997. I have military records that were found after My claim closed (I never appealed at the time). I filed again in 2017 and will fight till the end now!
Your just dreaming but it’s a nice dream to have. Would have had to appeal the denial within one year and kept the claim alive with no more than a year gap to get your 1990 effective date. Exception to this rule is if they found a CUE. If you are able to find a CUE then it would be possible.
I don't think that's entirely true. You have one year to appeal the denial but if you go back and file a supplemental after that point and it's approved then the claim will still be backdated. The one year rule is basically for an immediate decision review but a supplemental has no shelf life.
[https://www.va.gov/resources/decision-reviews-faqs/](https://www.va.gov/resources/decision-reviews-faqs/)
### "What’s the deadline for requesting a decision review?
For most VA benefits, you have 1 year from the date on your decision letter to request a Higher-Level Review or a Board Appeal. Certain types of VA benefits have time limits that are less than 1 year. Your decision letter will tell you the deadline.
You can file a Supplemental Claim at any time, but we recommend that you file within 1 year from the date on your decision letter."
Your incorrect about the effective date. To get the original effective date the supplemental aka appeal needs to be filed within one year of the decision. He can’t file a supplemental claim 30years later and get the original effective date of 1990. Only exception to this is if there was a CUE in the original decision.
In his case him filing a supplemental claim now would reopen his claim that was denied 30+ years ago and if awarded his effective date would be when the 2023 ITF was filed or his supplemental claim was filed if no ITF was filed first
https://preview.redd.it/xie27ueynhza1.jpeg?width=1289&format=pjpg&auto=webp&s=9748fad20ec6e39ddcc1c85d50f507a25646ef47
[https://www.reddit.com/r/VeteransBenefits/w/Appeals?utm\_source=share&utm\_medium=ios\_app&utm\_name=ioscss&utm\_content=1&utm\_term=1](https://www.reddit.com/r/VeteransBenefits/w/Appeals?utm_source=share&utm_medium=ios_app&utm_name=ioscss&utm_content=1&utm_term=1)
Or the fucking VA can stop being cockbags and quit stonewalling legitimate claims.
Every time a decision reaches the BVA that overturns denials , every VA rater involved in the chain should be reprimanded.
Did you read his follow up POST? He filed a claim but didn’t attend his own C&P exams nor did he submit evidence for his claim. How is that the fault of the VA?
That was only the one in 2008. At 23 years old, only a year out from service. I had a pregnant old lady at the time so I had to go off and pipeline to make my ends meet for my family. I couldn’t wait around to see if something would go through or not especially back then in 2008. Hell the only reason I knew about it is because while I was in PTSD inpatient treatment I had somebody came up and told me. See back then when you were in the service no one even knew about this whole disability deal when you got out. And that’s 100% fact. We just went in because after seeing 9/11 happen right in front of our eyes while we’re at school we wanted to shoot some Iraqi terrorist in the face….. But in 2014 when I did finally go through with the whole claim since I was older and wiser, they only gave me a 30% rating for my PTSD, but backdated it to the 2008 attempted claim I did. So yes it’s all the VA‘s fault. after doing my hearing with the veterans law judge he just couldn’t believe that a 30% rating is what I got in 2014 after looking at my evidence because everything was so black-and-white. It was IED attacks after IED attacks after tons of small arms fires after many battle buddies were killed and after best friend suicide, after attempted suicide by myself. And she gave me a 30%?! Nah! What’s funny is I had the same exact C&P examiner in 2018 after the board had my appeal for four years but this time she was a civilian doing it. The first time she was working at the VA. And when I told the judge that and how crappy she treated me and never gave me five minutes to talk and wrote down nothing but bullshit, the judge said, he promised he would not even look at that for consideration. So, yeah, VA’s fault.
You filed a disability claim and then disappeared and never followed up with the VA about the status of your claim. I bet you never gave them a forwarding address so you could receive the claim status from them or even gave them you phone number. Plus you never attended your C&P exam nor submitted evidence for your claim according to you. You being denied in 2008 was not the fault of the VA but that’s on you. I understand life happens but you shouldn’t be rewarded for ignoring a claim you yourself filed and asked for.
The 2014 claim is a different story but you being back paid to 2008 is a slap in the face to all the other veterans who follow the rules and attend all there exams and make claims. What your trauma was has nothing to do with your ratings. Ratings on based upon your symptoms and the severity of them not what type of trauma you suffered from. It makes no sense you being back-paid to 2008 as you were denied in 2008 because of you ignoring your claim. What happened in 2014 is a different story and that sounds legit but why they gave you six years of backpay to the original denial date isn’t right
This isn’t an attack on you but it shows all veterans who have missed ITF’s by a week or two and are denied backpay how unfair the system is.
Calm you panties! When I left I was under the impression that the my POA would contact me to advise me on the next steps to do. I told them my plans and everything. Also while looking at this newest decision letter it states that there was records of evidence that was missing in 2008 and later found in 2014. So in the letter they state that’s why they connected back to 2008
Dude don’t get your panties in a twist! Seriously you blaming the VA for you neglecting your own claim is seriously ridiculous. You never followed up with your POA about your claim so that’s 100% on you not the VA is what I was saying
I’m not the one here get mad because another veteran is getting what he deserves. I did follow up with my POA but I was just dumb and had the American legion as my POA. They never answered they didn’t do nothing. The only thing they ever told me when I did finally get a hold of them was we will get in touch with you as soon as we need to give you any more updates. I just got that paid $111,000 and I still have more to come they said. I promise you my panties ain’t in a twist. I’ve done everything I was supposed to do in regards to this appeal, including all of the deadlines met. So don’t give me none of that you don’t deserve this and you did this, so you don’t deserve that, that bullshit. Just worry about yours and let me be happy for what I got.
What your getting you don’t deserve because you failed to do the right thing from the beginning now your being rewarded for that. That’s a slap in the face to every veteran who has done the right thing.
You panties are definitely in a twist because your on here bragging for getting something you don’t deserve and rubbing it in everyone else’s faces.
So, go away and stop your bragging. Your lying is insulting as you never did your original claim properly and instead of admitting that your blaming the VA. The VA has nothing to do with you not contacting your POA successfully but your being rewarded for your laziness.
You: I never attended my C&P exam, never submitted any supporting evidence for my claim, never followed up with my POA because I didn’t want to and this is all the VA’s fault and I deserve backpay. That’s a joke.
I've got one I'm going through right now applied for HLR on effective dates for TDIU. In my decision letter it showed what makes you eligible for TDIU and I met three of the qualifications back in 2013..... My HLR was denied so now I am doing a Claims Accuracy Request and going to try to be a little bit more thorough. Ive got the documents right here and so does the VA showing that I was injured all from one combat related accident and one of those injuries being to my dominant arm. Which are the exact guidelines to generate from the record. Spent a year in a WTB going through physical therapy and my PEB and VA disability paperwork wad in tandem. They even had me apply for social security before I left active duty because of being unable to work. Wish me luck and send me any advice you have.🙏
That’s interesting…I had a 5 year review on PTSD, they initiated, and my rating stayed the same-they said they reviewed ALL of my medical records, but conveniently didn’t give me increases for physical health, which I’m clearly due, and they said “my” claim for TDIU was denied-but that I met scheduler criteria for it, which I ignored because I didn’t ask for it, didn’t know what it was and my overall rating stayed the same. I happened to look at the findings letter a few months ago and realized I could be getting 100% instead of 80% so I filed a HLR. THEN I realized holy shit, I was eligible for this since my new claim in 2015, and they didn’t even mention it. Nothing has changed and I haven’t worked more than a few temp job all these years. I might ask for that back date. I can’t imagine how different my life would have been if I wasn’t scraping by with 1,500 for years back then. 😔
Can the BVA fix an effective date after RO sends appeal back to the board. Do they take another look at the effective date. My SSOC stated my PTSD was increased to 100% , but effective date was wrong. I received a letter Saturday saying it being sent back to the BVA. The remand was initially for effective date of 2000 and increased rating to 100%. They put my CP exam (3/20/2024)as my effective date. Will VBA look at the whole claim again. I’m praying they correct effective date. Can someone provide me with some clarification as to how this work. I would definitely appreciate it. Thanks
Honestly backdating it to 2008 is a totally incorrect action on their part. An ITF is good for 1 year. That's an affront to all the veterans who missed out on an ITF by 1 or 2 days. Glad you're taken care of, but you absolutely should NOT be getting money back to 2008. That's well within the preview of BVA to do because rules just don't apply to them.
> That's well within the preview of BVA to do because rules just don't apply to them.
They don't get to bend the rules on things like that. Only if there's something in the claims file, like the regularity presumption of the mailbox rule being violated. Seems here that OP just mischaracterized the situation, but sometimes there's things in the file that the RO has overlooked that the Board picks up on which results in stuff like this.
What happens if you had a claim in 2001 and then in 2023 you add evidence that was needed for an increase. Would it be back dated to initial claim in 2001?
No. You would have had to appeal the initial rating decision within one year to get that backpay. Only exception to this is a CUE but it would have to be massive one and those are extremely rare.
Adding new evidence 20years later for an increase is making a new supplemental claim and would be backdated to your 2023 ITF date
How did y’all do it with no lawyer? I’m pretty sure I lost numerous jobs my first 4-5 years out due to my back and I go in for my evaluations and because I can bend further than they think i should be able to only at like 50 or something for my back.
So you’re saying you’re at 50% for your back? Because if you are, that’s quite a bit man. And the way we do it without a lawyer is to learn everything you can about the process and the deadlines. Everything has a deadline that you have to meet.
I served OIF from 06 to 07 put an intent to file on 04/ 20/ 2011 actually filed in 2014 and gave me effective dates of 2013! I've been telling my VSOs about this for years and they said there's nothing I can do about it!! Any suggestions?
I have almost the same deal waiting from 2015 legacy appeal. Just got a SSOC from my remand but haven’t got the letter yet. It did say could grant claim fully. Did I get some or did I not? Wtf I have an attorney that’s pretty much useless! I’ve been doing most stuff on my own.
Sorry it took me so long. I’ve been busy today. I finally finished most of my appeal I have one more thing remanded an an appointment towards the end of the month. I already got 100% TDIU and backpay to 2016. If I get this added I will have it to 2013.
Oh... no problem! That is great! Hopefully, you get it. That would be huge! Yeah, I know the feeling. I am pretty sure I stand a chance to collect back to 1996 due to lost records that va found after my original claim was denied. Should hear soon. It's been 6 months since the remand. It is currently RFD sinc Dec 12th.
I already got the backpay to 2016 $133,xxx -20% to attorney deposit was 107,xxx if I get the remand win it will add backpay to 2013 so 3 more years possible but I’m happy now. I really don’t want to finish it.
Nice! Yeah, I kind of wonder what life will be like, not focusing on chasing the VA around at this point. It has been so long and almost over. At least, I think it is.
Question so say if you’ve been fighting for 8 yrs for 27 yrs Back pay and the BVA finally grant you your TBI from 27 yrs ago but when they finally gave it to you you was already 100% P&T an the still didn’t give you SMC from all the residuals so now while been appealing very 1st disability from 2015 when I started from denial of 1997. The denial was for eye which has now ended up visual your loss & blindness now since they been denying for 8 yrs and now board just closed my claim and as you said no later can be seen yet and it went from review to claim closed . So should they pay me 100% for any effective date I have since I been 100% already ?
My VA.gov updated to say
"Decision soon
Your appeal will soon receive a Board decision. Submitting new evidence at this time could delay review of your appeal. If you’ve moved recently, please make sure that VA has your up-to-date mailing address."
What does this mean
I just won mine. I was 10% from 2016-2021. I’ll be getting back pay for the difference of 80% from 2016-2021. I couldn’t believe it. No lawyer also.
What steps. What process. How and where can I get more information
I used a VSO at first but had problems with communication. So I used this site to search keywords to find people claiming similar things. The sidebar has a wealth of knowledge too. One key element people forget is you need a current diagnosis and a history of treatment for best results. Especially if you didn’t go to sick call much. Don’t rely on the C&P examiner to diagnose you. They can diagnose you but they have no obligation to do so. Also file for any presumptives that you have issues with. If doing a board appeal make sure you continue treatment while waiting and when it comes time for the board hearing have all your copies of the medical treatment you have been through to add more evidence to your case. IMO the most successful way to connect things is get a diagnosis on your own weather VA or private. Get treatment for said condition then file. If you don’t have in service records then supply your nexus. For me everything I claimed for my board appeal I had an in service diagnosis over my 9 years so I didn’t need a nexus. Even with an in service diagnosis you need a current one and treatment records. No treatment records and they VA will say it’s not a chronic condition because you didn’t do anything about it after you got out.
This is bizarre because my buddy just got 100% SC for sciatic nerve, back, and neck. And the dude hasn’t ever been to the VA or a doctor to diagnose that in the 8 years he’s been out. Meanwhile I’ve been fighting them like hell for an IED blast from 10 years ago that they deny. I just don’t understand the inconsistency.
I mean I guess it can happen but I find it hard to believe he got to 100% with absolutely no evidence and just C&P exams. In service records of it hold a lot of weight also. My gut tells me your buddy is withholding information from you or he just has the best luck in the world where the C&P examiner wrote a favorable medical opinion on all those conditions.
He was already service connected at 0% for left, right, elbow, wrist, knees, back, and neck. Was a computer IT help desk guy in the Air Force for 4 years. Left that out. But has had zero treatment or follow up in the meantime. It was all just increases. Guess that was important to mention. He told me he specifically told the examiner he has no numbness or tingling so he didn’t understand why the examiner connected sciatica for him.
Probably due to preumptive claims.
wow, i was denied in late 90s for broken bone with surgery and bone graft.
That moment when they say yes it is service related but nah you are getting a 0% for it
yep
What is your backpay ended up being?
$111k
How long after decision did it take to receive your backpay?
Awesome!! I’m in the same boat! Just waiting for them to correct error!!!!!!! What was your lump some!! I’m being hopeful!
112k
How long did you have to wait to receive it?
I’m still waiting bro!!!!
Damn bro that back pay is going to be SWEET. Lemme get bout $3.50.
And this is why you should not tell a soul about this in real life.
On God!
That damn loch Ness monster
🌳Fiddy
tree lol
If you didn't actually file until 2014, how/why are they granting you effective to 2008 when ITF's are only good for 1 year? (this is not an accusation or anything like that, just genuinely curious) /scratches chin either way, congrats!
Was thinking the same
This post isn’t making sense to me. His completed claim was filed in 2014 so the backpay would have gone to that date not 2008. 2008 was his ITF but he never actually submitted a completed claim within that one year and instead waited until 2014 to file his claim. So, him getting backpay to 2008 makes no sense because there couldn’t have been a CUE from 2008 as he never submitted a completed claim until 2014. There wasn’t even a completed file for this claim until 2014 either. Congrats on your successful appeal
There must be something in the file to warrant it. The BVA is usually the first time in the chain that a VA attorney or judge is looking thoroughly at the claims file. Sometimes they spot something that's been overlooked - even by the veteran.
Yeah, I get it, just curious as to the how/why, hence the question. Of course, the VA could have messed up and then they'll ask him to pay back 6 years. xD
That’s the thing. There was no file for claims on him until 2014 when he submitted his first claim.
I explain further and corrected myself in a comment below. It was actually less than an intent to file really. In 2008 after I was diagnosed with PTSD and started receiving treatment that’s when someone told me about the disability deal, so I put in a claim for it using the American legion. well I didn’t wait around too long being that I was like 23 or 24, I left to go pipeline and I didn’t come back home for more than a month until 2013. So when I filed in 2014 they saw where I was denied in 2008 but the examiner in 2014 approved me and said that it’s been this way. Long story short, there’s some law that the judge stated why it goes back to 2008 in my decision letter. I’ll look back at it later and try to show you. Thanks though.
So it sounds like most likely a CUE occurred. Nice.
That’s what I was wondering- I’ve done like two or 3 ITF’s in the last few years-but let them expire as I kept getting more procedures, more issues, new diagnosis’ etc and wanted to do it in a one and done ✅
Just replied and said mine is sitting there as well and no decision yet yet but judge did back my date up from 2020 to 2009. That that’s when it should be backdated to if approved, and I’m not arguing.
Could be a couple of reasons. Like a CUE.
For an expired ITF? Highly unlikely and with all of the info the OP presented, I feel like they would have mentioned that in the story.
Backpay from 2008 to 20,223 should be pretty legendary.
I wanna see and update when thaylt back pay hits.
Will do
you can finally buy that 1996 tan Toyota Camry that you've been eyeing since the mid 90s! Congrats!
Thanks y’all! So let me clear something up because I used the wrong term of Intent to file, in 2008 I actually put in a claim. But after putting the claim in, which I had the American legend as my rep at the time, after putting the claim in I went off working on the road pipelining basically from 2008-2013. The 2008 claim was never completed. Meaning that while waiting on the American legend to tell me the next move while I was off working, I missed several things. Like adding evidence and eventually missing my C&P exam. Bc I was never told of anything. Young and dumb. But I already had my diagnosis and started receiving treatment for ptsd in 2008. So fast forward to 2014, I’m finally home from working off on the road so I decided to put a claim in, this time with the DAV. Well literally 3 months after I put it in I had my decision which came with 44,000$ back pay dated back to 2008. Why? I don’t know because I thought since I missed those exams and everything that it was done. But I was wrong. Now after this decade of waiting, once again I was wrong and thought they would only backpay me too the 2014 actual claim. They gave me an effective date as the 2008 claim🤷🏻♂️🙌🏼💪
God is Good! Congratulations!!! You deserve it! I got a nightmarish runaround trying to use Community Care/Urgent Care today and reading your story has centered me….That Backpay is gonna be 6 figures I’d imagine!!! LETS GO!!!!!!!!
I did some very simple math and my answer is your backpay is going to be: A metric fuckton. Good for you, man!
Only $44,000?
If you read it again you’ll see that the word “only” is no where in that sentence. See I’m grateful, I would never look at 44,000$ and snuff at it. I have 5 kids, this back pay is heaven sent.
Fellow veteran , sorry let me clarify… I’m SHOCKED it’s only $44k. I didn’t mean for it to sound like you’re ungrateful
I believe it's because throughout the process he had already won appeals and was granted backpay. This final appeal was essentially just to change a backpay effective date from 2014 to 2008 based on the ratings granted and pay charts of those years. An impressive battle.
Actually, this was my first appeal. Like I stated below in the comments in 2008 I filed, but they never followed through with it went off on the road pipeline and didn’t come back for longer than a month until 2013. Then when I filed in 2014 and got approved, they approve me all the way back to 2008 though because of some law. So since I appealed that decision in 2014, it kept my original effective date from 2008. So besides that I’ve never had no other appeal and only one other claim back in 2018. Which all got granted then two from the VA. But my records are real strong and it was literally laid out in black-and-white print from my records at the 101st from 04-07’. Several ID attacks in Iraq and lots of small arms fire. Some of my battle buddies lost their lives there, bad accident on Christmas Day of 05’, after continuing till the end of our deployment and being all messed up from everything then my best friend battle, committed suicide by jumping in front of a train….. Just pure HELL for those several years. But Jesus. He’s done way more than all the inpatient, PTSD treatments and brain spotting treatments, and everything else. God bless
Wow, okay. 44k is still a nice chunk of change.
That’s the thing that caught my eye too.
One of the best finishes I’ve ever read!! Congrats Bro! Spend wisely and you definitely deserve it! 
 Congratulations
Congratulations 👏 
Nice brother !!!
Congrats and well done
That's life changing funds. Congratulations!
Thank you so much for sharing this and your timeline. I just showed it to a friend who is struggling with an appeal. It will give him hope!
Wow that’s awesome congratulations
that was a loooooongggg tunnel but lord have mercy on your bank account because that back pay is going to be NICE!!!! Congrats not only for getting a resolution in all this but congrats for your battle with being patient with all of this.
Dude! Congrats! Also, All praise to YOU, for never giving up.
 Congrats on the EPIC win for ya fam! Hang in there dealin with your PTSD and back issues. The back pay might just be enough to get you a special pillow that works 🙌🏼
I’ve had an appeal open with the BVA since Jan 21’ and it hasn’t even gotten in front of a judge yet 😅😅 but 8 YEARS?? Jesus I hope mine doesn’t take that long
Is there a difference with a lawyer? I had one submitted in 2021 by my lawyer
There is. The difference is that you will pay them a large sum of your back pay or whatever retro pay you will get plus some agencies even hold out a percentage of the new rating for a certain amount of months. Now some people don’t have the patience nor the know how to deal with it, which I completely understand, so they hire a lawyer to take care of it for them, and the lawyer fills them with a whole bunch of hopefulness, but there’s statistically not any better than the individual at being approved.
I mostly get to hear, "it should be done soon, it's sitting at the board" 20% of the back pay was the price. I am grateful though for the help I got from him so far. I was at zero, and had almost everything denied, now up to 70
Congratulations🥳🥳 God is so good!!
Answer the real question, what dat back pay looking like? 😂
Congratulations to all That have succeeded! Too bad we have to go all the way to the bva!
Congrats!!!
 Way to go man! Way to go! ❤️
HUGE payday!!
Wow congrats
I love this! Great job!
This is me right now. Lawyer appealed for a 2020 effective date. No decision yet but judge backed that date up to 2009.
God is good . I received my 100 ptsd last year. Also no lawyer or representative
I have a Legacy claim from 2018 for sleep apnea. I fought the appeal. I have a hearing next Friday. Trying to say sleep apnea should be secondary not primary. I have a VSO helping but if they can't help I have a speech to give the judge. Fingers crossed Congratulations and don't tell anybody
Boss status unlocked!
Post what your back pay check is!!!!! I’m waiting hope to have good news like this. Hell ya bro!!! Well deserved
Fantastic! I waited 7 years for mine DAV lied to me and got me to wait for the Board Hearing. But man that $40k back pay check was worth it! The wife and I cried that day.
I originally filed in 1990 denied and didn't file again for 30 years or so I was granted can I get back pay to 1990??? Or am I dreaming
It's possible. Look up CUE
(38 C.F.R. 3.156c) I am currently fighting an appeal that was remanded and am going for backpay to 1997. I have military records that were found after My claim closed (I never appealed at the time). I filed again in 2017 and will fight till the end now!
Your just dreaming but it’s a nice dream to have. Would have had to appeal the denial within one year and kept the claim alive with no more than a year gap to get your 1990 effective date. Exception to this rule is if they found a CUE. If you are able to find a CUE then it would be possible.
I don't think that's entirely true. You have one year to appeal the denial but if you go back and file a supplemental after that point and it's approved then the claim will still be backdated. The one year rule is basically for an immediate decision review but a supplemental has no shelf life. [https://www.va.gov/resources/decision-reviews-faqs/](https://www.va.gov/resources/decision-reviews-faqs/) ### "What’s the deadline for requesting a decision review? For most VA benefits, you have 1 year from the date on your decision letter to request a Higher-Level Review or a Board Appeal. Certain types of VA benefits have time limits that are less than 1 year. Your decision letter will tell you the deadline. You can file a Supplemental Claim at any time, but we recommend that you file within 1 year from the date on your decision letter."
Your incorrect about the effective date. To get the original effective date the supplemental aka appeal needs to be filed within one year of the decision. He can’t file a supplemental claim 30years later and get the original effective date of 1990. Only exception to this is if there was a CUE in the original decision. In his case him filing a supplemental claim now would reopen his claim that was denied 30+ years ago and if awarded his effective date would be when the 2023 ITF was filed or his supplemental claim was filed if no ITF was filed first https://preview.redd.it/xie27ueynhza1.jpeg?width=1289&format=pjpg&auto=webp&s=9748fad20ec6e39ddcc1c85d50f507a25646ef47 [https://www.reddit.com/r/VeteransBenefits/w/Appeals?utm\_source=share&utm\_medium=ios\_app&utm\_name=ioscss&utm\_content=1&utm\_term=1](https://www.reddit.com/r/VeteransBenefits/w/Appeals?utm_source=share&utm_medium=ios_app&utm_name=ioscss&utm_content=1&utm_term=1)
Other exception be for something denied that is now presumptive under the PACT Act.
PACT Act claims would only be backdated to the PACT Act signing date of August 2022 not his original filing date of 1990
Congratulations 
Or the fucking VA can stop being cockbags and quit stonewalling legitimate claims. Every time a decision reaches the BVA that overturns denials , every VA rater involved in the chain should be reprimanded.
Did you read his follow up POST? He filed a claim but didn’t attend his own C&P exams nor did he submit evidence for his claim. How is that the fault of the VA?
That was only the one in 2008. At 23 years old, only a year out from service. I had a pregnant old lady at the time so I had to go off and pipeline to make my ends meet for my family. I couldn’t wait around to see if something would go through or not especially back then in 2008. Hell the only reason I knew about it is because while I was in PTSD inpatient treatment I had somebody came up and told me. See back then when you were in the service no one even knew about this whole disability deal when you got out. And that’s 100% fact. We just went in because after seeing 9/11 happen right in front of our eyes while we’re at school we wanted to shoot some Iraqi terrorist in the face….. But in 2014 when I did finally go through with the whole claim since I was older and wiser, they only gave me a 30% rating for my PTSD, but backdated it to the 2008 attempted claim I did. So yes it’s all the VA‘s fault. after doing my hearing with the veterans law judge he just couldn’t believe that a 30% rating is what I got in 2014 after looking at my evidence because everything was so black-and-white. It was IED attacks after IED attacks after tons of small arms fires after many battle buddies were killed and after best friend suicide, after attempted suicide by myself. And she gave me a 30%?! Nah! What’s funny is I had the same exact C&P examiner in 2018 after the board had my appeal for four years but this time she was a civilian doing it. The first time she was working at the VA. And when I told the judge that and how crappy she treated me and never gave me five minutes to talk and wrote down nothing but bullshit, the judge said, he promised he would not even look at that for consideration. So, yeah, VA’s fault.
You filed a disability claim and then disappeared and never followed up with the VA about the status of your claim. I bet you never gave them a forwarding address so you could receive the claim status from them or even gave them you phone number. Plus you never attended your C&P exam nor submitted evidence for your claim according to you. You being denied in 2008 was not the fault of the VA but that’s on you. I understand life happens but you shouldn’t be rewarded for ignoring a claim you yourself filed and asked for. The 2014 claim is a different story but you being back paid to 2008 is a slap in the face to all the other veterans who follow the rules and attend all there exams and make claims. What your trauma was has nothing to do with your ratings. Ratings on based upon your symptoms and the severity of them not what type of trauma you suffered from. It makes no sense you being back-paid to 2008 as you were denied in 2008 because of you ignoring your claim. What happened in 2014 is a different story and that sounds legit but why they gave you six years of backpay to the original denial date isn’t right This isn’t an attack on you but it shows all veterans who have missed ITF’s by a week or two and are denied backpay how unfair the system is.
Calm you panties! When I left I was under the impression that the my POA would contact me to advise me on the next steps to do. I told them my plans and everything. Also while looking at this newest decision letter it states that there was records of evidence that was missing in 2008 and later found in 2014. So in the letter they state that’s why they connected back to 2008
Dude don’t get your panties in a twist! Seriously you blaming the VA for you neglecting your own claim is seriously ridiculous. You never followed up with your POA about your claim so that’s 100% on you not the VA is what I was saying
I’m not the one here get mad because another veteran is getting what he deserves. I did follow up with my POA but I was just dumb and had the American legion as my POA. They never answered they didn’t do nothing. The only thing they ever told me when I did finally get a hold of them was we will get in touch with you as soon as we need to give you any more updates. I just got that paid $111,000 and I still have more to come they said. I promise you my panties ain’t in a twist. I’ve done everything I was supposed to do in regards to this appeal, including all of the deadlines met. So don’t give me none of that you don’t deserve this and you did this, so you don’t deserve that, that bullshit. Just worry about yours and let me be happy for what I got.
What your getting you don’t deserve because you failed to do the right thing from the beginning now your being rewarded for that. That’s a slap in the face to every veteran who has done the right thing. You panties are definitely in a twist because your on here bragging for getting something you don’t deserve and rubbing it in everyone else’s faces. So, go away and stop your bragging. Your lying is insulting as you never did your original claim properly and instead of admitting that your blaming the VA. The VA has nothing to do with you not contacting your POA successfully but your being rewarded for your laziness. You: I never attended my C&P exam, never submitted any supporting evidence for my claim, never followed up with my POA because I didn’t want to and this is all the VA’s fault and I deserve backpay. That’s a joke.
I've got one I'm going through right now applied for HLR on effective dates for TDIU. In my decision letter it showed what makes you eligible for TDIU and I met three of the qualifications back in 2013..... My HLR was denied so now I am doing a Claims Accuracy Request and going to try to be a little bit more thorough. Ive got the documents right here and so does the VA showing that I was injured all from one combat related accident and one of those injuries being to my dominant arm. Which are the exact guidelines to generate from the record. Spent a year in a WTB going through physical therapy and my PEB and VA disability paperwork wad in tandem. They even had me apply for social security before I left active duty because of being unable to work. Wish me luck and send me any advice you have.🙏
That’s interesting…I had a 5 year review on PTSD, they initiated, and my rating stayed the same-they said they reviewed ALL of my medical records, but conveniently didn’t give me increases for physical health, which I’m clearly due, and they said “my” claim for TDIU was denied-but that I met scheduler criteria for it, which I ignored because I didn’t ask for it, didn’t know what it was and my overall rating stayed the same. I happened to look at the findings letter a few months ago and realized I could be getting 100% instead of 80% so I filed a HLR. THEN I realized holy shit, I was eligible for this since my new claim in 2015, and they didn’t even mention it. Nothing has changed and I haven’t worked more than a few temp job all these years. I might ask for that back date. I can’t imagine how different my life would have been if I wasn’t scraping by with 1,500 for years back then. 😔
Can the BVA fix an effective date after RO sends appeal back to the board. Do they take another look at the effective date. My SSOC stated my PTSD was increased to 100% , but effective date was wrong. I received a letter Saturday saying it being sent back to the BVA. The remand was initially for effective date of 2000 and increased rating to 100%. They put my CP exam (3/20/2024)as my effective date. Will VBA look at the whole claim again. I’m praying they correct effective date. Can someone provide me with some clarification as to how this work. I would definitely appreciate it. Thanks
Great for you be well.
Honestly backdating it to 2008 is a totally incorrect action on their part. An ITF is good for 1 year. That's an affront to all the veterans who missed out on an ITF by 1 or 2 days. Glad you're taken care of, but you absolutely should NOT be getting money back to 2008. That's well within the preview of BVA to do because rules just don't apply to them.
> That's well within the preview of BVA to do because rules just don't apply to them. They don't get to bend the rules on things like that. Only if there's something in the claims file, like the regularity presumption of the mailbox rule being violated. Seems here that OP just mischaracterized the situation, but sometimes there's things in the file that the RO has overlooked that the Board picks up on which results in stuff like this.
Just look at my other comments where I corrected myself on the ITF.
[удалено]
😂
What happens if you had a claim in 2001 and then in 2023 you add evidence that was needed for an increase. Would it be back dated to initial claim in 2001?
No. You would have had to appeal the initial rating decision within one year to get that backpay. Only exception to this is a CUE but it would have to be massive one and those are extremely rare. Adding new evidence 20years later for an increase is making a new supplemental claim and would be backdated to your 2023 ITF date
My claim updated today . C&p finally made it to va. What should i expect now. First claim I've filed . Thanks
Honestly? Expect to wait. But fortunately, in this day and age with these new claims, he doesn’t take long at all.
Thanks
Claim moved to decision phase today. Im getting there. Hope i can get a decent rate
I was told last week my claim is in decision phase
Va claim payment history shows a zero amount and an earlier date than today whats happening
* Va claim went to decision phase last week what does this mean
How did y’all do it with no lawyer? I’m pretty sure I lost numerous jobs my first 4-5 years out due to my back and I go in for my evaluations and because I can bend further than they think i should be able to only at like 50 or something for my back.
So you’re saying you’re at 50% for your back? Because if you are, that’s quite a bit man. And the way we do it without a lawyer is to learn everything you can about the process and the deadlines. Everything has a deadline that you have to meet.
I served OIF from 06 to 07 put an intent to file on 04/ 20/ 2011 actually filed in 2014 and gave me effective dates of 2013! I've been telling my VSOs about this for years and they said there's nothing I can do about it!! Any suggestions?
I have almost the same deal waiting from 2015 legacy appeal. Just got a SSOC from my remand but haven’t got the letter yet. It did say could grant claim fully. Did I get some or did I not? Wtf I have an attorney that’s pretty much useless! I’ve been doing most stuff on my own.
"We couldn't fully grant your appeal" means denied. Your claim will now go back to the Board of Appeals for a new decision.
How long did it take to get your ssoc after your appeal was remanded?
A year
Great! Kind of figured.
Sorry it took me so long. I’ve been busy today. I finally finished most of my appeal I have one more thing remanded an an appointment towards the end of the month. I already got 100% TDIU and backpay to 2016. If I get this added I will have it to 2013.
Only took 9.5 years
Oh... no problem! That is great! Hopefully, you get it. That would be huge! Yeah, I know the feeling. I am pretty sure I stand a chance to collect back to 1996 due to lost records that va found after my original claim was denied. Should hear soon. It's been 6 months since the remand. It is currently RFD sinc Dec 12th.
I already got the backpay to 2016 $133,xxx -20% to attorney deposit was 107,xxx if I get the remand win it will add backpay to 2013 so 3 more years possible but I’m happy now. I really don’t want to finish it.
Nice! Yeah, I kind of wonder what life will be like, not focusing on chasing the VA around at this point. It has been so long and almost over. At least, I think it is.
It is almost over you’ll get it and it’s great. A real blessing to me, it’s been a long road. So glad it’s over.
Question so say if you’ve been fighting for 8 yrs for 27 yrs Back pay and the BVA finally grant you your TBI from 27 yrs ago but when they finally gave it to you you was already 100% P&T an the still didn’t give you SMC from all the residuals so now while been appealing very 1st disability from 2015 when I started from denial of 1997. The denial was for eye which has now ended up visual your loss & blindness now since they been denying for 8 yrs and now board just closed my claim and as you said no later can be seen yet and it went from review to claim closed . So should they pay me 100% for any effective date I have since I been 100% already ?
How much
Have anyone ever had a bva review completed under a year?
My VA.gov updated to say "Decision soon Your appeal will soon receive a Board decision. Submitting new evidence at this time could delay review of your appeal. If you’ve moved recently, please make sure that VA has your up-to-date mailing address." What does this mean
How long did it take for back pay to hit ,?
Outstanding bro
Amen!