Question:

I had a pacemaker and ICD implanted in 2016. I am a Blue Water Navy Vet. I filed a claim in 2020. Will I get back pay to 2016 even though the law was not passed until 2019 for Blue Water Vets? 

Jim's Reply:

Retroactive benefits apply to the date that you filed a claim. There are some circumstances where the effective date may be the time of the onset of the condition or other unique events but in the great majority of cases, it's the date you filed.

Even where there may be extraordinary cases like Nehmer, the veteran must have filed a claim and been denied for retroactive benefits to kick in. If you filed a claim after your pacer and ICD were implanted in 2016 and you were denied, you may have a shot at retro to that time. Good luck sir.