Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    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 ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!


BVA granted me and effective date of 2003 in the decision but only paid me back until

2004 one year short and only to say they made a mistake in the first decision. The Judge made

a mistake but this was the year I ask for in NOD. The 6 digit retro is nice but 1 year short and now 

another 5 years of appeals or leave it alone??  It took 9 years in appeals for this only to

get shorted one year. I might let it go tired of fighting the ""goberment'' not goverment

Share this post

Link to post
Share on other sites

Recommended Posts

  • 0

Its up to you.  1 year of retro, at 100 percent is around 30 grand, depending upon the number of dependents, the year, and if or how much you already received.  For me, I would appeal a year "mistake".  

You may be able to ask VA to cue themselves, and point out the error.  Its worth a shot.  

  • Like 3

Share this post

Link to post
Share on other sites


  • 0

Call this number (202) 530-9470 explain your issue they will help you submit an inquiry into your RO most likely to see if was their error or an error of miscalculations that you may have made... not saying you did I had the same issue where I was about 20k short of my last retro and it was their mistake that's the number I called to contact the Philly RO to get the answers to fix my retro.  Your case it could be a simple as attorney fees not sure the details just shotting blanks it's all I was given...

Share this post

Link to post
Share on other sites
  • 0

And this BVA Decision Award Letter was Dated when? As I recall and you know I could be wrong, you have (60) days to Appeal the BVA Decision to the CAVC.

Who (VSO or VA Lawyer) rep'd you at the BVA?

I concur with Bronc and would add, why wouldn't you attempt to get the additional year of Retro?

If your grounds for appeal have a fair to midland chance, a VA Lawyer would jump at the Financial opportunity to rep you at the CAVC. If you're looking at say 20 to $30K in Retro, that could be up to a $6K+ Payday for the Lawyer.

Then there are the Legal Fees the lawyer can petition from the CAVC. Even a Remand Award could result in substantial Legal Fees being paid directly by the VA, well in excess of the 20% of your potential Retro Award, regardless of an Award or Denial.

A friend, on an ED Remand from the CAVC, just got (01/16) 6 yrs of Retro (about $7200). His Pro Bono Lawyer from the Vet Legal Consortium in DC scored $18K in Legal Fees just for the mid-2016 Remand.

If you actually decide or have decided not to pursue an Appeal for the EED, could you share with us your reasoning?

Semper Fi


Share this post

Link to post
Share on other sites
  • 0

I'd be happy to take a look at the BVA Decision to see if there is an appeal possibility at the Veterans Court - you have 120 days from the date of the Board decision to appeal.

Shoot me a copy of the BVA Decision to vetlaw@attigsteel.com and we can have an answer to you before the weekend (if you get it to me today).

Effective date appeals to the Veterans Court have 2 forms of relief (for the most part): Reversal, where the BVA error is "clearly erroneous", and remand for a new BVA decision when they do not adequately support or reason their decision. 

When my firm takes cases at the Veterans Court, the Veteran never pays us. If we win, the VA has to pay us out of its own pocket (NOT your past-due) under the Equal Access to Justice Act. If we lose, we lose.  It is effectively "pro bono" for the Vet, but since the VA pays us when we prevail, we cannot say that our services are free...they are just free to the Vet.




Share this post

Link to post
Share on other sites
  • 0

Yeah, it might be a CUE.......Can you give us the BVA  Docket #?

Not a BVA CUE but a VARO CUE.......maybe.........more than likely  RO CUE

Can you attach a redacted decision from your RO with the Evidence list and their R & B on the EED?

Oh I see Chris Attig is here.....thanks Chris....CUE potential  is always my first avenue of approach.


Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
    • Thank you Buck for your help. I did receive my 100% for my IU claim today June 20, 2018 and it is p&t. The claim only took 64 days. Thank you so much for your help. 

Important Information

{terms] and Guidelines