Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
VA denial of service connect for back condition
Rate this question
Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
Spearhead
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.
Link to comment
Share on other sites
Top Posters For This Question
2
1
1
1
Popular Days
May 9
4
May 25
1
May 26
1
Top Posters For This Question
Spearhead 2 posts
john999 1 post
broncovet 1 post
jfrei 1 post
Popular Days
May 9 2021
4 posts
May 25 2021
1 post
May 26 2021
1 post
Popular Posts
broncovet
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
john999
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 lawy
jfrei
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
5 answers to this question
Recommended Posts
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 accountSign in
Already have an account? Sign in here.
Sign In Now