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I was recently granted a disability by the VA and have received my first check.  When they notified me they mentioned retro pay.  What is it and what are the guidelines for receiving retro pay?  It was evident in the amount that I received that there was no retro pay.



A1:  You get retro pay from the date that you filed the disability claim. It will come in a separate payment.  (MS) 11/30/16

A2:  Retro pay is the money you will receive based on when the paperwork for your disability was submitted and when it was approved. If it took 6 months, your retro pay will be 6 months. Give them some time, they will send it to your account.  (JB)  11/30/16

A3:  The 38 CFR states that the date of claim is the date the condition began or the date of the initial claim - whichever is later. If your condition began in service but you don't file until 2000, then that will be the date of claim. The only exception is if the VA makes a clear and unmistakable error. If you can prove that they did, then you can get retro pay back to the date that they made the incorrect decision.  (AP)  12/2/16

A4:  Retro pay is legally called Past Due Benefits and go back to the date of the original claim if appealed. There are other things involved if you have a CUE, but it would take too much paper to write it out.  (CP)  12/19/16


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