Am I entitled to retroactive compensation even if I'm rated 100%?

VA Claim Appeals

Am I entitled to retroactive compensation even if I'm rated 100%?

April 10, 2024
Question

Hello,
 

I would like to know if I can still receive retro compensation even though I am already rated at 100 percent Permanent and Total (P&T)? These claims were filed and denied by the Regional Office before I became 100 percent P&T. I filed the claims in 2017 and the Regional office denied them in 2019. I became 100 percent in September of 2019. I filed a Notice of Disagreement and the AOJ sent me a statement of the case in 2020. I appealed it to the BVA in August of 2020.


Thanks for your help.

Answer

The answer to your question is, Yes.


Despite your being evaluated at 100 percent permanent and total since September 2019, you are still eligible for any benefits that may be awarded retroactively before September 2019. In your scenario, it appears that you filed claims for benefits in 2017 and that you have continuously pursued those claims to the BVA. Should you ultimately prevail on those claims you would be eligible for retroactive compensation for the relevant time period before September 2019.
 

Thank you so much for contacting us.  We wish you the best!