Can I Lose Everything.

[oaty]

i won my va claim for 100%unemployable but was grant for 2000 i got hurt in 93 doctor reports go back than i was 10%from 93 until 2004 claim guy told me grant my befit back to 2000 if want it to go back till 93 he can send it to washington so i toke now. can i put in a claim to goback to 93 with out losing everything.

[Guest elizabeth]

i won my va claim for 100%unemployable but was grant for 2000 i got hurt in 93 doctor reports go back than i was 10%from 93 until 2004 claim guy told me grant my befit back to 2000 if want it to go back till 93 he can send it to washington so i toke now. can i put in a claim to goback to 93 with out losing everything.

why would you lose everything if the 10%isn;t added to your award letter you won;t lose the 100% just file back yo 93 for the higher raiding to a new claim the worse thing that could happen the will deny your claim you can then appeal ELIZABETH

[Guest jstacy]

The only avenue for the VA to take away comp is to prove that a fraud has existed. In your case there is none. You dont have to worry about that and indeed! file back to when you hurt your back.

[Testvet]

you have a lot of questions here begging to be asked, from 1992 thru 2004 how did you pay your bills did you work, or was someone else supporting you, if you were working between 1993 and up thru any other time you can;t exactly file for back pay for TDIU, when did you first file your claims for IU, most people don't file for IU when they are rated at 10%, so there are many facts that you are leaving out for anyoen to give you any type of "sound" advice. More facts.....

[Berta]

I am assuming-based on your post-that in 2000 you re-opened your claim and this is the date the VA used for retro benefits- as they found it to be the earliest effective date.

The only way to possibly recover older benefits-would be to file a CUE claim-

You would only succeed on a CUE claim ( a claim of clear and unmistakable error) if you could prove:

1. you were more disabled than the 10% by documented medical evidence at that time up to 2000 and

2. that the VA made a legal error in the older decision, and this error would have changed the out come of the older claim with a higher rating and more retro.

Duty to Assist and Doctrine of Relative Equipoise (Benefit of Doubt) are not the bas1s for a CUE claim-

it must be a legal error so profound that it should not have occurred and would have altered a past decision.

Cue claims can be studied at CAVC and the BVA web site-

only by thoroughly studying these claims and the strict criteria for CUE can one determine if they have a potential CUE claim.

They are the most difficult claims to succeed in.

I think the vet rep is trying to suggest that if you NOD their decision- it will be denied as to earlier effective date and it will have to go to the BVA -where they will most likely deny it too.

I suggest anyone even attempting to file a CUE claim purchase the VBM from NVLSP for about $130.00

These pro bono lawyers have excellent advise on CUE claims.

I won a CUE claim. The VA had broken their own regs.

I have another CUE at the VARO being worked on.

I attached the regs from 38 that they broke and also a General Counsel Pres Opinion that they broke.

In each case the medical part of the claim was not part of the CUE.

It supported the amount of retro money involved but they VARO had, in past decisions,that I did not appeal,

fully misapplied 38 CFR regs regarding Special Monthly Comp,to the detriment of the veteran.

You would need

1.not only proof of regs that they broke as they adjudicated the older claim

2. documented medical evidence that VA had or should have had that you were at a higher % or at TDIU for all of those years. That is a lot of years of medical evidence and treatment, medication records.

The fact you were unemployed does not support an earlier EED -

only a CUE claim based on legal error (not medical error) and 7 consistent years of prior medical records of treatment for the 10% SC -showing it should have been rated higher -would help you.

[Guest elizabeth]

I am assuming-based on your post-that in 2000 you re-opened your claim and this is the date the VA used for retro benefits- as they found it to be the earliest effective date.

The only way to possibly recover older benefits-would be to file a CUE claim-

You would only succeed on a CUE claim ( a claim of clear and unmistakable error) if you could prove:

1. you were more disabled than the 10% by documented medical evidence at that time up to 2000 and

2. that the VA made a legal error in the older decision, and this error would have changed the out come of the older claim with a higher rating and more retro.

Duty to Assist and Doctrine of Relative Equipoise (Benefit of Doubt) are not the bas1s for a CUE claim-

it must be a legal error so profound that it should not have occurred and would have altered a past decision.

Cue claims can be studied at CAVC and the BVA web site-

only by thoroughly studying these claims and the strict criteria for CUE can one determine if they have a potential CUE claim.

They are the most difficult claims to succeed in.

I think the vet rep is trying to suggest that if you NOD their decision- it will be denied as to earlier effective date and it will have to go to the BVA -where they will most likely deny it too.

I suggest anyone even attempting to file a CUE claim purchase the VBM from NVLSP for about $130.00

These pro bono lawyers have excellent advise on CUE claims.

I won a CUE claim. The VA had broken their own regs.

I have another CUE at the VARO being worked on.

I attached the regs from 38 that they broke and also a General Counsel Pres Opinion that they broke.

In each case the medical part of the claim was not part of the CUE.

It supported the amount of retro money involved but they VARO had, in past decisions,that I did not appeal,

fully misapplied 38 CFR regs regarding Special Monthly Comp,to the detriment of the veteran.

You would need

1.not only proof of regs that they broke as they adjudicated the older claim

2. documented medical evidence that VA had or should have had that you were at a higher % or at TDIU for all of those years. That is a lot of years of medical evidence and treatment, medication records.

The fact you were unemployed does not support an earlier EED -

only a CUE claim based on legal error (not medical error) and 7 consistent years of prior medical records of treatment for the 10% SC -showing it should have been rated higher -would help you.

[Guest elizabeth]

i won my va claim for 100%unemployable but was grant for 2000 i got hurt in 93 doctor reports go back than i was 10%from 93 until 2004 claim guy told me grant my befit back to 2000 if want it to go back till 93 he can send it to washington so i toke now. can i put in a claim to goback to 93 with out losing everything.

You were giving wrong information

acue alone can backfire on you va can use cue on themselves open a claim to grt rated at 100% use your doctors letter va must accept hiis as medical proof you don;t have to send anything else keep everything at va level bva on sends it back to va you could be tied up a long time re opem clain to applystart!))% back to 1993 va must accept your dr letter as proof ELIZABETY