Question:

Hi Jim, I was recently awarded 100% total and permanent. I submitted additional medical evidence through my local Veterans organization in mid December 2019, but instead a new claim was opened, in which I was quickly awarded 100 from 90 in February 2020 along with the back pay. However about 3 weeks ago I received a letter from the VA needing me to fill out a form due to a claim still being opened for Individual Unemployability that dates back from 2016 along with a knee condition that was not addressed in the previous claim. I'm uncertain of how to move forward, as I know there's a possibility the VA can lower my rating. My representative told me I could let it play out and see where it goes, or drop the appeal completely, or drop the IU and pursue knee condition. My thought is to drop IU and pursue knee condition, however, I'm wondering if there is any way I can still claim the back pay for the 90-100 from 2016 to 2020? Any advice? Thank you and I pray you find yourself well. God bless!

Jim's Reply:

Without having you file in front of me I won't be able to know for sure but I'd suggest you drop all appeals and claims. I don't see any situation where you'll end up with retro pay and getting greedy can backfire on you. You've been rated as 100% disabled and unless you're a lot sicker than you've told me about,  that's probably the upper limit for you. Leave well enough alone.