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VA denial of service connect for back condition


Spearhead

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I have been denied service connection for a back injury for many years. The VA has denied

my claim on grounds of pre-existing condition and not aggravated in service.  Even though no such pre-existing condition 

was noted during my physical entry exam I  was told about this pre-existing after a back injury unloading a weapons truck.  I recently learned about the presumption of soundnes detailed in 38 U.S.C. 1111

 

My question is.  If I was to win my claim am I entitled to backpay for the years the VA have not applied the correct VA law to decide my claim? And if so how far back?  I started my claim in 1979. Thank you in advance for your help. 

 

 

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Probably.   As always, your effective date is the later of the "date of claim" or "facts found".  I have no idea your symptoms, when the doc said they began, etc.  But if you had similar symptoms you could potentially get retro back to 1979, "or even earlier" if you had recently got out of service in 1979 (within a year).  

To know for sure, would take a review of your claims file.  However, my intuitive feeling would be you could win an effective date back to when you first applied, "with some qualifications".  

1.  Did you appeal the 1979 denials?  

2.  Are you willing to get an IMO, if needed, to provide a nexus?

3.  It sounds like you have an in service event, but is it documented?  Thats a big deal.  

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I filed a CUE claim for being denied a higher level of disability way back in 1972.  I did not file an appeal back then and that was the tool they used to deny my claim for TDIU or 100%.  I had a lawyer and we went to Vet Court of Appeals.  I thought I had a slam/dunk but because I did not file the appeal back in 1973 I lost.  File an NOD and an appeal every time you get denied.

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I’m no expert on appeals but id say you may have a shot at a CUE claim and get it backdated to the original claim. I in my case my claim originally in  2010, found this site asked questions but waited to finally appeal after I went to a DRO hearing in 2016 spoke to the judge in person with my attorney. And she flat out said do not file a reconsider for right to the BVA and it has to be granted there... I an idiot opened my mouth of my attorney’s objection. She pulled me aside and politely said I’m going to save you years just trust me and she went on to explain anything involving anything over 25k of retro possible alittle less cannot be granted here at the Philly RO, but what I will do and we discussed it with my attorney is certify your appeal to the board as soon as he sends it to me I’ll send it to the BVA. This was in May 2016  and 2 months later because she had expedited it as a hardship it was approved money in account two months later..... I’m no fairy tale story but if you ask for help at the VA the right people do show up and if not I’ve fought my way through everything I’ve had to earn with the VA system. Unfortunately they have closed the few secrets I had used of course because they worked..... “but the only way to win an appeal that far back is CUE, but hire an attorney” just my advice sucks like for me I was entitled for 125k and had to pay a chunk for the fees but if i didn’t the VA likes to pretend that vets can’t learn VA law on the side and will deny everything they can if it’s just you 

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On 5/9/2021 at 5:11 PM, jfrei said:

I’m no expert on appeals but id say you may have a shot at a CUE claim and get it backdated to the original claim. I in my case my claim originally in  2010, found this site asked questions but waited to finally appeal after I went to a DRO hearing in 2016 spoke to the judge in person with my attorney. And she flat out said do not file a reconsider for right to the BVA and it has to be granted there... I an idiot opened my mouth of my attorney’s objection. She pulled me aside and politely said I’m going to save you years just trust me and she went on to explain anything involving anything over 25k of retro possible alittle less cannot be granted here at the Philly RO, but what I will do and we discussed it with my attorney is certify your appeal to the board as soon as he sends it to me I’ll send it to the BVA. This was in May 2016  and 2 months later because she had expedited it as a hardship it was approved money in account two months later..... I’m no fairy tale story but if you ask for help at the VA the right people do show up and if not I’ve fought my way through everything I’ve had to earn with the VA system. Unfortunately they have closed the few secrets I had used of course because they worked..... “but the only way to win an appeal that far back is CUE, but hire an attorney” just my advice sucks like for me I was entitled for 125k and had to pay a chunk for the fees but if i didn’t the VA likes to pretend that vets can’t learn VA law on the side and will deny everything they can if it’s just you 

Thank you for the info and your interest it has helped me.

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