Question:

I have a question regarding the article I read on your site. It was pertaining to the "Difference in Benefits - 100% schedular disabled veteran vs. 100% TDIU disabled" posted on May12th, 2013. I'm in a unique situation where I fought with the VA for almost three years about a disability claim that they said I never submitted but I did. Long story short is they finally found it and are acting on it feverishly. I will be receiving over 18 years back pay. My question is this: You stated that I have to hold the P and T 100% rating for ten years in order for my wife to have any monetary benefits after I pass. If I am being backdated to July of 2000 for VA benefits and am rated at 100% would my 10 years start from July of 2000 or the date I was rated even though my claim was accepted by the VA the day after I was discharged in 2000? I am so lost. Please help and shed some light on this for me. Also, thank you for all your time given to all these veterans questions that you answer. It is greatly appreciated.

Jim's Reply

When we finally win a claim or an appeal that has taken months or years to adjudicate to finality, we are paid retroactive benefits to the effective date of the finalized claim or appeal. The key words here are "effective date". The effective date is when everything begins even if it's years later. If your effective date is July of 2000 and you are rated as 100% P & T, the timing for your dependents eligibility to any survivors benefits will begin at that time too. Once all this is confirmed for you, you can look back to see if there's anything else you missed. Some dependents education costs may be covered retroactively by Chapter 35 DEA , CHAMPVA may cover some past out of pocket health expenses and so on. Also use caution when VA asks you about your ability to manage your own finances. Cases like yours where the veteran receives a 100% rating after years and years and is paid a large sum (over 20k) of cash triggers a fiduciary assessment by VA and if you aren't able to manage your money, VA will assign a fiduciary and you'll not see but a small trickle of the money you've earned with your honorable service.