Denied claims

[EDWIN]

I filled my first claim in 1988, it was denied. Then I claim again in 1995, denied again. Along the xyears I gave up until my lower back  hurt again. In 2014 I filled for,the thirdctime for my lower back. It,was denied and had an appeal. The information I have is that I won the case, but I don't know the percentage yet. My question is if the,back pay is from 1988 or from 2014 ??? 

[Berta]

The retro would be from the claim you filed in 2014 , that is the same claim you believe has now been awarded.

It is possible they did not have enough info and evidence when they denied in the past but ,then again, there could be a potential for more retro under a CUE, if this was the same condition in the past denials and was at a ratable level when they denied, and if the older decision contains a clear and unmistakable error.

In 2014 did SMRs appear that were not attained or considered by the VA in the past?

That might be a basis for a 38 CFR 3.156 b claim for more retro---hard to know at this point.....

Something turned the tide for you which is GREAT after all those years.

But this is something that might factor in however that could make a CUE claim moot...

"Along the xyears I gave up until my lower back  hurt again. In 2014 I filled for,the thirdctime for my low" etc.......

I feel the back issues would have had to have been continuous ,at a ratable level and with a continuity of treatment records- because it seems you mean the back condition was not chronic when you first filed?

Maybe that was why the older claims were denied?

In any event it seems you have won the claim.

The decision will tell you more but from what I see here the retro EED will be when you filed the claim they  finally have awarded.

 

Edited April 6, 2017 by Berta