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Question on the ability to affect years-old ratings...
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Bunny448
Hello, thanks for all your previous help, I continue to patron the site.
I just received a CD of my cfile spanning 18yrs and had a few questions -
Are you able to appeal a years-old decision to ask for a higher rating (and to receive the increased benefit for all those years)? In my case I was granted 30% PTSD in 2006 and later put in and received an increase to 50% in 2014. Looking through the cfile I believe it should have been 50% in 2006.
It's possible that I don't have the option of going back. I don't have any new evidence, just that my medical records align with the higher rating.
Thank you in advance!
Edit, looking through cfile there's a note from the case of Dingess/Hartman v. Nicholson 2006,... 'If we grant your claim the beginning date of entitlement or increased entitlement to benefits will be...when the evidence shows a level of disability that supports a certain rating...'. Is this applicable to my situation ?
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pacmanx1
Your assessment is a little off, you do not need to have “new evidence.” You could reopen your claim with “material/pertinent evidence.” Under 38 CFR 3.156 a veteran can reopen a claim (this is not a
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