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Appealing start date

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Wanderer

Question

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 by Wanderer
To fix 2nd paragraph
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  • HadIt.com Elder

Here is the link to what Vetquest recommended.

its called NOVA   (National Organization of Veterans Advocates) 

https://www.vetadvocates.org/cpages/home

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  • HadIt.com Elder

Wanderer quoted

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

if is the  BIG word here and this is a good question to ask an experienced Attorney after he/she reads your files.

 

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  • HadIt.com Elder

I would certainly think about hiring  VA Experienced & Accredited Certified Claims Agent  Alex Graham 

He is one of the Best there is in this Business. (imo)

Although he is busy but maybe worth your time to ask him for help.

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36 minutes ago, Buck52 said:

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.

I agree with them also.  With that kind of back pay on the line I would want a far better chance than 5%.  I would rather have a very high percentage to get it right the first time!  You do not want to spend the next 10-15 years trying to figure it out!  

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I also agree with everyone above. Also keep in mind an attorney won't take your case if they don't think they will win (plus they won't charge you if they don't). I don't know how much you will get if you win, but as what was said above 70% is better than nothing (if you are entitled to $100,000 you still get $70,000). I am almost positive everyone on this site would love to win $70,000 (I know I would).

Give it some serious thought before you decide to go it alone. No matter which way you go good luck!!!

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Let me explain.  First, Vets attorney's are limited to what they can charge.  Most charge 20 percent..some charge more, but have to "justify" the extra charges to VA.  

More importantly, IF you hire an attorney Shortly after a BVA denial, then your attorney fees will likely be paid by EAJA at the CAVC level.  

You can represent yourself "up to" the BVA level.  However, you CAN shoot yourself in the foot, and make mistakes that your attorney may not be able to "fix" at the CAVC.  (Example: missing an appeal deadline, failing to file an I9, etc)  

You can win this on your own IF:

1.  You have a computer, online, and are good at internet searches, and can interpret 38 CFR's that apply (or dont apply) to you.  

2.  You are organized, and keep copies of everything you send VA and send it certified mail return receipt requested.  (Reason:  VA LOVES to lose our key evidence).  

3.  You are incredibly persistent, and willing to adhere to all deadlines and follow all VA rules.  One day late, means you lose.  Every time.  

4.  You have some writing skills, and are able to present your case especially the facts that matter and dont drown the VA rep with stuff that is irrelevant.  The VA is famous for "top sheeting" your claim.  This means they read one page and not the rest of the stuff.  So if your relevant evidence is buried in a sea of irrelevant mumbo jumbo, expect a denial, because they rarely read a lengthy claim.  They just deny.  

Now..do this up to a BVA denial.  If you win at the BVA you win.  But, you can check your odds on the BVA chairmans report.  (That is a good test..find it, and you can probably represent yourself).

If you do get a bva denial, then forget self representation, there is no point.  Get a lawyer at cavc and EAJA will pay the fees.  

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