SERVING
Those That
SERVED
Questions & Answers
INSTRUCTIONS: Please read each question carefully. If you are able to answer question appropriately use the form below the question to respond. Your name will not appear on the public answer page. Only your initials and date of your response will be visible.
Q490: I filed a C&P claim about 2002 for tinnitus along with another disability but at the time there was NO RATING for tinnitus, so the VA DSO had me remove it from my claim....NOW, there is a disability rating for tinnitus since the Gulf War...Now that I made another claim for tinnitus, will the VA Pay me when I ORIGINALLY made my Claim back in 2002? I'm under the Impression that the VA pays from when you file your "Letter of Intent"?...How far back will the VA pay From...2002 or 2020?
If you have a question about benefits, compensation, pension or VA related issues please submit here.
Use Form Below To Respond
A1: I was told that every time you resubmit a claim, the new claim date applies. Doesn't appear anything is retroactive with the VA. Look at it this way, it is to their advantage to keep moving up the date so their pay-out time is reduced. It all sucks. I gave up trying. (RP) 8/2/20
A2: Normally a denied claim must be resubmitted within 365 days if you don't agree with the ruling. If you have the denial letter stating that "they" removed it, it would appear that you have just cause for not refiling and that the refiling rule could be in your abated. if you have the original claim, that might make your case even stronger. Unfortunately only the review board can give you the absolute answer as they are the final (?) approving authority. But you can refile a protest claim (that reference should be on the letter) and continue doing so within time limits. It's amazing how many persistent applicants have gotten their claims approved as board members are reassigned. (GC) 8/2/20
A3: I believe it would be in your best interest to go to your VSO and ask any questions you have so that he/she can follow up on them for you. (RC) 8/2/20
A4: Check with a service officer. (SB) 8/2/20
A5: I filed a claim in CA in 1991. They disapprove it, I refile in Al, they disapprove it, I file again here in AZ in 2002 and they back paid me to 1991 and approve all..I got the luck of the draw. Get the word from the date of filed claim..if it is 1991 then back pay until then from the time they approve it. (DR) 8/2/20
A6: Which ever they choose, go with it. At least you got your foot in the door. Never give up...keep trying. (EA) 8/2/20
A7: The VA will pay all the way back from original date of injury. (MJ) 8/3/20
A8: The VA can not back pay further back than the date the law was signed . If the law was in effect at the time of the claim and you wait longer than 1 years, you will establish a new date of claim when you apply for the benefit again. (RJ) 8/3/20
A9: Unfortunately I believe the VA has changed the way they process retroactive pay. If I am not mistaken, I believe they only go back 3yrs now. The VA in the past paid an approved disability from the day you submitted your claim. (MB) 8/3/20