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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Ken1

How To Request Back Pay For Old Claim?

Question

In 1968 I filed a claim for problems with my knee that I broke when on active duty. Due to problems with the VA during my first C&P I never followed up on the claim. In 2008 I was awarded 10% compensation for arthritis.

How to claim pain back to 1968 which was in the original claim, and request reconsideration for back pay?

FYI, I have a NOD in process but the above is not part on the NOD.

Thanks for any direction

Ken

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In 1968 I filed a claim for problems with my knee that I broke when on active duty. Due to problems with the VA during my first C&P I never followed up on the claim. In 2008 I was awarded 10% compensation for arthritis.

How to claim pain back to 1968 which was in the original claim, and request reconsideration for back pay?

FYI, I have a NOD in process but the above is not part on the NOD.

Thanks for any direction

Ken

You may not be able to. If you filed a claim back in 1968 and did not appeal it in 1 year it becomes set in stone. The VA won't go back to 1968 and re-open that claim since you never appealed it.

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You may not be able to. If you filed a claim back in 1968 and did not appeal it in 1 year it becomes set in stone. The VA won't go back to 1968 and re-open that claim since you never appealed it.

JHawks,

Welcome to Hadit.

Ken1,

There is still a possibility of getting an EED back to 1968.

If the claimant did not appeal the Rating Decision and there

was a legal error made in the adjudication of the claim,

VA might have made a Clear and Unmistakable Error C&UE.

C&UE has it's own section here for research.

C&UE's are not at all,what one would normally think.

Also, if the claim was granted due to newly discovered SMR/STR's

that also holds a possibility of getting an EED back to the date

the claim was originally filed.

Other than these two things the claimant has little recourse for an EED

back further than 12 months.

jmho,

carlie

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In 1968 I filed a claim for problems with my knee that I broke when on active duty. Due to problems with the VA during my first C&P I never followed up on the claim. In 2008 I was awarded 10% compensation for arthritis.

How to claim pain back to 1968 which was in the original claim, and request reconsideration for back pay?

FYI, I have a NOD in process but the above is not part on the NOD.

Thanks for any direction

Ken

That would only happen if the VA made an error and you can prove it under a CUE. Good luck.

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Carlie

I am a little slow and do not know what the follow:

Please define

EED

Thanks

Ken

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EED = Earlier Effective Date.

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