Legal Question in Veterans Law in New Jersey

Retro Veterans Disability

My father was discharged from the U.S. Marines with a Service Connected Disability. (10% for Frostbite, Chosin Frozen in the 1950's) He never pursued a higher rating even though he suffered with pain. I believe about 4 -5 years ago he decided to get reevaluated and was awarded 90% Disability for the Frostbite Injuries. Is there a chance that he should have received retro pay back to the initial 10% rating.


Asked on 9/18/07, 8:49 am

2 Answers from Attorneys
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Retro Veterans Disability

There may not only be a VA issue but also a BCMR issue (i.e., an upgrade to your military discharge). I would need more to better assess your situation. I offer free initial consultations and would be happy to initiate the call in order to save you long distance charges.

Feel free to contact my office to set up an appointment.

Best.

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Answered on 9/18/07, 9:08 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Retro Veterans Disability

In order to get the higher rating back to the initial 10% rating date you would need medical evidence to support the higher rating. If your father had examinations for the frostbite at the VA during the past 50 or more years and they show a significant change from the initial finding then you may have a basis for an increase in disability. Please contact me if you would like to discuss this in more detail. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscpmpensationlaw.com

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Answered on 9/18/07, 3:29 pm


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