Legal Question in Veterans Law in Ohio

Retroactive pay

I just won an appeal for SERVICE CONNECTED injuries received in Korea and was awarded 90% but only back until 2001. Why didn't I receive retroactive payment from the date the injuries happened if it has been deemed SERVICE CONNECTED regardless of the date the claim was filed and how can I get it? There is a 50 year gap where I was disabled, who is responsible for that? Are my grown children entitled to benefits they didn't receive now that it is Service Connected?

If you can get it, you're hired!


Asked on 6/06/07, 7:38 pm

2 Answers from Attorneys
Jill Mitchell-Thein Heard & Smith, LLP

Re: Retroactive pay

This is just one of the many ways the VA confuses veterans. Effective dates for benefits are usually awarded based on the date of the claim. However, if you filed a claim before 2001 that was denied inappropriately or never acted on, you MAY have a chance at proving they owe you back benefits. It just depends on what your VA claims file has in it. If you don't have a copy of that file, be sure and get one as soon as possible. Feel free to email me with further details at [email protected] Thanks for your inquiry.

Jill Mitchell

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Answered on 6/06/07, 8:13 pm
Michael Eisenberg Law Office of Michael D.J. Eisenberg, Attorney and Counselor at Law

Re: Retroactive pay

I am assuming that you are going through you VA for these benefits. You may have the option to appeal this ruling (for more benefits) and you may also be able to file a discharge upgrade to the Board of Correcitons for Mililitary Records: Both avenues may provide you with the I am assuming that you are going through you VA for these benefits. You may have the option to appeal this ruling (for more benefits) and you may also be able to file a discharge upgrade to the Board of Corrections for Military Records: Both avenues may provide you with the increase in benefits; however, without knowing the details of your situation, I cannot access your situation. Feel free to contact me for a free initial consultation.

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Answered on 6/06/07, 9:02 pm


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