What is back dateing a claim???

Discussion in 'General Discussion' started by magnumpi28, Mar 10, 2010.

  1. magnumpi28

    magnumpi28 Jr. Member

    I was always told that you never recieve benefits before the date the VA recieves your application for A&A. However now i hear talk of back dating a claim where you can recieve benefits Prior to the VA recieving you application for A & A.
    Did i mis-understand or is this true and how do you get benefits? Do you reapply?

    For example, if the veteran was elegible for benefits in January , 2009 but didnt apply for A&A until April and was approved for benefits from May forward can he now go back and apply for benefits for January through April???
  2. new57

    new57 Newbie

    In my father's approval packet was a EVR, Medical Expense Report and a Statement in Support of Claim dated for the 1 year period preceding his application date. If you can prove the expenses and medical necessity they can award the pension up to one year prior.

  3. jpez

    jpez Full Member

    you aren't 'back dating' the app.
    but when the doctor report is filled out, it has to be clear when the 'condition began' that creates the rating of HOMEBOUND or A&A.
    Then IF the finances are correct for the past period, (ie: gross income-care costs=LOW LOW net) AND the assets are 'correctly low', yes the va will approve the back period.
  4. magnumpi28

    magnumpi28 Jr. Member

    I just filed out the EVR for last year and i got a response from the VA that says." We could not consider 4,296.49 in medical expense you submitted because they were paid before your date of cliam, April 28th,2009" .

    Do I appeal? Maybe the law was changes after i applied therefore im not eligible?? Im my case she had the doctors form filled out in January so there is no question she qualified medically in January. Also from January to April we spent more than we took in so there is no doubt she qualified medically and she has no assetts.

    As i said. They are paying the benifet monthly and have been since May 1rst. I just dont want any appeal i take for the back benifit to mess up/stop the current benifet.
  5. magnumpi28

    magnumpi28 Jr. Member

    Ok, I called the VA and asked why they didnt pay for the few months prior and he said I have to ask them to it not automatic. I told him i put it on the EVR and it was denied and he said it was because i didnt ask for it. He recommends i file a statement in support of cliam.
    What kind of micky mouse stuff is this?

    PS. They did in fact just change the rules on this last year according to the guy i talked with.

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