Appealing start date

[Wanderer]

I think I'm about ready to work on my 23 year back pay. They tell me they have everything for a decision for my sleep apnea/TDIU claim except for my SSDI medical evidence. I'll do that tomorrow. They told me it'll be 2-6 weeks.

As I submit for my C file, I'm wondering if there's an advantage of submitting a CUE saying the C&P examiner reported that my bipolar started during active duty and I submitted a bipolar claim 23 years ago (which awarded me a 70% rating), please pay me my back pay. I mean, if there's a 5% chance it will work it is worth it, isn't it? Am I missing something?

Edited April 18, 2019 by Wanderer
To fix 2nd paragraph

[broncovet]

You got a shot, but if you want to make sure you get a bulls eye, then I suggest you hire an attorney.  Reason:

GS7's or even GS9's dont have the authority to sign a document where you get 100k plus in retro.  

That will need to be done by a judge..either BVA or CAVC.  Have the attorney review your file.  

You "may" be able to pry this open via 38 cfr 3.156 c, new and material evidence, but I still think most of the Vets who have gotten six figure retros had an attorney.  

[vetquest]

I agree with Broncovet to get a lawyer.  And if you do get a good one, not a local guy that has never performed at the BVA before.  There is a association that lawyers arguing cases before the BVA should belong to.  Someone else will chime in with the name, sorry I do not remember, I forget names.  

[Wanderer]

I understand your reasoning but I don't want to give up 33% of the lump sum. That could be over $100 grand. I know my shaky cognitive abilities has me asking many questions. But I'm good at this stuff, I have won a settlement previously without a lawyer.

Could I hire an attorney or legal expert who could assist while I still handle the tasks?

[GBArmy]

"If there is a 5% chance it will work, it is worth it, isn't it?" IMO, no. This is going back over 20 years; very long time by anyone's standards. Let me ask you a question; what is more important to you: being able to say you did it yourself and got this big settlement. Or, winning the settlement and finally getting the satisfaction that because of your efforts, your legal team finally prevailed and won? Because you aren't one of "the old boys"; the odds are just not in favor of a good outcome without legal representation. I ask veterans in this potential situation "would you rather have 100% of nothing, or 70% of something? Don't let your ego get in your way of making the smart choice.

[Buck52]

I agree with  broncovet  ventquest and GB Army

all make good points .

 You need to ask yourself do you want to stay in Appeals for years or git her done?

Hire a Good Experience proven Law Dog and get your due benefits ASAP.

[Buck52]

I agree with  broncovet  ventquest and GB Army

all make good points .

 You need to ask yourself do you want to stay in Appeals for years or git her done?

Hire a Good Experience proven Law Dog and get your due benefits ASAP.