Prior decision reversal

[add55p]

Hello All,

Can someone explain what the following statement means?

"For the purpose of authorizing benefits, the rating or other adjudicative decision which constitutes a reversal or revision of a prior decision on the grounds of clear and unmistakable error has the same effect as if the corrected decision had been made on the date of the reversed decision."

Thanks,

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[GBArmy]

I'd say that they are telling you if/when your appeal is decided and approved,  your effective date for start of benefits will be the date it should have been implemented if they hadn't screwed up your original disability claim. In other words, the date for payment purposes would be when you submitted, or facts found, when you first applied.

[add55p]

GBArmy,

Can this also mean that if the initial decision that awarded 30 percent with an effective date of May 2015 and VA later awards an appeal for an earlier effective date of May 2012 that the Veteran will be given back pay for the 30 percent evaluation from May 2012 thru April 2015?

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[GBArmy]

add55p If that was the only thing you were going for on the appeal, yes, that sure sounds like it IMHO.

[broncovet]

Well, it means the VA has noticed a CUE.  And, they reversed the original decision, and the Cue revision will take its place "as if" the original decision did not happen.  

Mostly Cue is about the effective date(s), and it likely means you will be getting an eed.  

[add55p]

GNArmy And Broncovet,

Thank you both for your replies and inforamtion.

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