Retroactive Pay

[kookiebean2001]

I filed a claim in 2007 and was granted 30%. I had forgotten that I filed the same claim in 1988 at that time I was trying to get better, so I instructed back then to see a civilian doctor since I was getting out of service, I have been treated by a civilian doctor ever since 1988. Any chances at getting retroactive pay ? My condition is well documented in my military records.

[Berta]

Since the older claim was denied and the denial of that is final- you could possibly have the basis for a CUE claim-

hard to say-

CUe claims require

1. final unappealed decision

2. Clear and unmistakable legal error in that decision-

3. Manifested altered put but for the CUE (in other words they owe you retro because of their clear and unmistakable error.

There is much discussion on CUE claims here at hadit under searc and some successful CUE claims-

1. In 1998 I had a final unappealed decision

2.In 2000 or 2001 or so I found Clear and unmistakable legal error in that decision.

VA denied the CUE claim but the Regional counsel awarded it (long story as how it got to him)

3. the VA sent me $40,000 due to the CUE.

There is much discussion here as to what "legal error" means-

not any Duty to Assist errors not anything to do with conflicting medical evidence-unless the wrong evidence generated the wrong Diagnostic Code or wrong rating- and therefore became a legal error.

The legal error I found in 2000 wont help you- you have to access the older decision and look for the legal error or errors etc-

and review the vast info here at hadit on CUES.

UNLESS- are you an AO vet and does your SC award involve any Agent Orange disability?

Those claims under Nehmer have often very favorable EEDs that are often not handled properly by the VA.

[carlie]

Berta,

The post doesn't state if the vet ever received any decision on the 1988 claim -

if there wasn't a decision promulgated the claim may very well continue to be open

or an unadjudicated claim that could produce about 20 years of retro.

kookie,

Was there ever a Rating Decision made on your 1988 claim for the same disability ?

jmho,

carlie

[Pete53]

Kookie:

Welcome to Hadit. In reality it is easier to win any claim than be granted CUE. That said you should go for it just don't plan anything for the money.

Good Luck

[kookiebean2001]

I am not unsure what the outcome was on the 1988, when I filed the claim in 2007, they asked if I was trying to reopen a claim, I didn't know I had one. I got out of service in 1988 and as I stated I was just trying to get better. I din't know about compensation until 2007 when I filed for the same medical condition and was given 30%.

[carlie]

kookie,

It would be in your best interest to find out if you did in fact file a claim in 1988

and if that claim received a Rating Decision.

carlie

[kookiebean2001]

I can't get any official ruling on my case in 1988 was denied and I did not recieve a rating decision, because I din't report to the exam, someone said it probably considered abandoned. I didn't go because my active duty doctor told me to go to a civilian doctor when I got out, so I did. The job that I went into had excellent benefits, 20 years later I'm still employed.