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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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2NDMARDIVDOC

Earlier effective date question

Question

I'll try to keep this short. Just looking for opinions and info. I currently have a claim in the pending decision phase. My VSO filed it as a CUE / reopen. That is exactly the wording on the claim application. The claim is for a condition that was denied back in 02. I NEVER DISPUTED the denial until 2 months ago. I submitted both new evidence as well as evidence that existed back then which I am arguing they didn't look at. So here is my question. In the event the CUE is denied, yet the condition gets service connected, is there a way to request the VA retro pays back to 2001 when I originally filed for the condition? 

 

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The letter is pretty clear they did not have service records for tinea pedis.  3.156 C says the service records have to be MATERIAL.  Certainly, if your service records contain evidence of tinea pedis, then you should resubmit them under 3.156 C, and seek an earlier effective date if awarded.  

If the potential retro is large, and it sounds like it is, then consider a NOVA accredited attorney to represent you.  

I say this over and over, but there is a good chance EAJA fees pay for your lawyer, in part or in full.  

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14 minutes ago, broncovet said:

The letter is pretty clear they did not have service records for tinea pedis.  3.156 C says the service records have to be MATERIAL.  Certainly, if your service records contain evidence of tinea pedis, then you should resubmit them under 3.156 C, and seek an earlier effective date if awarded.  

If the potential retro is large, and it sounds like it is, then consider a NOVA accredited attorney to represent you.  

I say this over and over, but there is a good chance EAJA fees pay for your lawyer, in part or in full.  

Bronco... the issue is the bladder condition not the foot condition. Thanks. 

10 hours ago, Buck52 said:

Note:

Click on the VA Letter above to increase the size to read it.

This is the best I could do with providing you with the original denial from 02. I cannot scan or do I just took a pic of the letter. Please let me know if you can't read it and I'll try something else. Thanks. 

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I can read it good, I was just letting everyone know to click on it it and it will increase the size  so  we can read it.

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Ok, well the letter is about tinea pedis.  However, your bladder condtion may also have been missing in your service records.  

As I may have mentioned, "lawyer up".  VA has 500 lawyers waiting to take your appeal.  You need one on your side.  

Oh, and by the way, I "lawyered up".  And I first applied in 2002, and have about 10 years answering vets questions..thousands of them.  The EAJA recently sent my lawyer $6000, so that will mean I wont have to pay a dime UNLESS my lawyer gets more than 30,000 in retro.  

I will gladly pay 20% of any retro over 30,000.  I hope I have to buy my attorney a new yacht.  

Edited by broncovet

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Bronco, based on what you read on my denial for the bladder condition and what I've said about it in my posts, do you see a possible CUE? 

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