How to Get Years of Back Pay from the VA!
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- เผยแพร่เมื่อ 6 ก.ย. 2024
- Learn how to potentially receive years of back pay from the VA by filing a CUE motion for clear unmistakable error. Discover the power of correcting VA mistakes and securing earlier effective dates. Don't miss out on this valuable information - subscribe for more tips on maximizing your VA benefits!
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I got tickled when you mentioned a few times how the VA may make a mistake. They don't make a mistake; they intentionally deny past monies they owe, hoping they will be forgotten. They are not stupid or ignorant; they just hope for a bonus for denying, etc. I won a final appeal in 2020 but was only paid a back pay for one year. I appealed as it was filed in 2007. It's been in the Washington DC court for four years now on my appeal. My attorney keeps me informed it still sits in Washington. They possibly want to hope I die before it's finalized. I'm a Combat Vietnam Vet, and I'm 72 years old now. My health is only fair or less so, but I may live on for another 10-plus years. They will cheat, steal, and deny intentionally (in my humble opinion). Vets...fight on!
I completely agree with you brother you nailed it on the head. I have been dealing with it since Nov 1971. The va knows what they are doing and complicit in the intentional killing of the vets. Hang on brother keep up the fight
I’m currently a Vet working my way through the system. You are saying many of the things my Uncles who were vets and passed away - still fighting for their benefits.
The VA needs to pay from the date a veteran is discharged, and put an end to game playing with people's disabilities.
4pm CST. I received a letter stating errors were made and I will receive "back pay".😮
Congratulations
Good work.
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This is EXACTLY what I’ve been looking for since 2009! I’m crying tears of joy to FINALLY know there’s something I can do, and now what to do!
I am waiting on a CUE decision I filed back in November 2023. There's no form for it so I filed it as a Supplemental claim. The adjudicator didn't follow the law and missed critical diagnosis in my service records. On my initial claim was granted 0% service connection on two non compensable service connections, which should have given me atleast 10% per the law on Multiple noncompensable service-connections. I was never paid anything for 26 years until I was actually rated in 2022 to 40% for my back problems.
Any thing yet?
@@johnj9267 yeah, they denied me Ofcourse as expected. I'll have to take the next steps. I'm not giving up on it.
I waited 25 years and finally filed a supplemental claim was awarded 100% p&t for the same thing they denied me for 25 years earlier...
@@jeffrey501green congratulations
@@johnj9267 thanks buddy...
A buddy of mine has been out for 20 years and tried claiming ptsd ever since he got out. He called the va recently asking about it and they said, “oh yea says here you’re 70%” and then started paying him. Shouldn’t he be entitled to the past 20 years backpay? Where has that money been going all those years if it wasn’t his bank account
Get an attorney...he'll get the backpay for your buddy...
Can only get to original file date
Wow filed for mood disorder in 2000 got denied and it’s 2024 once again the Va said I been diagnosed with mood/anxiety disorder 🤔
@@stephanieboots
Did you prove service connection?
@@stephaniebootsit doesn’t matter if you have a condition, unless its a presumptive condition, it matters if it’s service connected.
You gotta get that.
You have to get that nexus letter just remember that, diagnosis and nexus. If you want to further ur evidence get an expert to connect it with the help of many firms you can simply pay a $ amount and have that personal letter written up with the persons credentials its almost like a witness/lay statement that will support ur claim.
Very interesting, I wish I knew this years ago. When I went to C&P years ago . One of the thing I put in for was A.O. as when my son was born , he had a birth defect. After the surgery, Dr. did testing on the tissue`s and found Same Chemical`s in his tissue`s as are in A.O. When VA did the test and I got the letter back with my rating on it they denied everything but Hearing. I went to an Real Medal Health Doc and sent in an Appeal and got paid for PTSD . Had heart attack last and went to local hospital and while there, they did CT Scan and found out I also had an AAA so big it could burst at anytime and sent me to Mejer Hospital in Grand Rapids, Mi. where the SPECIA:IST were For emergcy operation. After that was done, I seen the Dr. that was going to do the operation on the AAA. He told me how big it was and I ask him how long does it take to get that big because I had a CT Scan done at VA when I had my C&P. and they didn`t find anything . DR stated bullshit, that takes at least 20-30 years but more 40 -50 years, because it dosen`t grow very fast .
good video, def going to refile a claim...years ago i filed a claim, i explained how i had diabetes and now peripheral neuropathy....i have 20% on a knee, and i stated to va that since i could hardly walk after they operated on me, ( docs at va actually told me that i was on the verge of being diabetic due to weight gain) i gained weight, became diabetic, and then had peripheral neuropathy...claim was denied and was told that diabetes was not service connected.
I filed for PTSD in 1998 finally was granted in 2022. What should I do?
Spend carefully?
What if they didn't take into account the evidence of work that caused injury while in service????
I was diagnosed with PTSD. BUT was rated at zero percent. I'm a Vietnam combat veteran. 12B, CIB, AIR MEDAL,etc. CUE?
What the actual heck?! If you’re a Vietnam vet and had some issues whether or not in combat, you should be at least 70% like most war veterans! Get a veterans service officer!
The way that works is "Yes, you have PTSD. How much is it impacting your life? Have you been arrested standing on a bridge about to jump? Have you been treated for depression? Do you have a history of drug/alcohol problems?" Talk to a VSO.
I need help with a Tort claim. I am getting taken advantage of, to put it nicely
I went through a tort claim issue , this when we were locked down with the pandemic. The VA took advantage of me, my ignorance as to what a Tort was, was afraid did not know if I was going to survive the pandemic, had no help could not get any one to help me. As a result I lost my case! I struggle with OCD , PTSD , depression , anxiety and the pandemic, I did not have a chance . Get legal representation as soon as possible and most importantly " DOCUMENT Everything, names of people you talk to, the days and times, what was said and most important be very clear and specific don't let them minimize your situation ! They are not looking out for your best interest, they want to minimize your situation so they can deny your claim.
What if the VA sends you a letter stating your claim is in the CUE, without you even filing for a CUE?
This is happening to me at 68 years old in 79 I had a back injury and had to get x-ray and light duty off and on for years after was honorably discharged in 92 after desert storm got a SSB of $30,000 after taxes was denied low back claim in 2006 0% in my VA records start going to the VA in 2008 was receiving treatment for my lower back injections of all kinds filed for TDIU after receiving a rating of 70% had a CMP exam for low back CMP examiner nurse said there was an x-ray in my file from 1979 which service connected me. Could I do a Q? Waiting for my decision letter for 100% P&T
The examiner don't have the veteran best interest in mind if they are getting paid from the Veterans Administration. The next question should be addressed how much does the Veterans Administration pay for each (C&P exam )compensation and pension exam
Well I need a CUE I had a brain injury back in 1989 My hospital dx at that time was Vertigo hearing loss tinnitus however they denied vertigo and didn’t award Vertigo until 2000 at 20% than changed to 30% in 2009. However I’m rated at 80% IU permanent and Total effective date 2002. I had no clue what was going on back than I was hit with an ax over the head head so I would appreciate if someone connected me
I suspect I had TBI, but scans didn't show anything, however symptoms still come and go. Scans won't always indicate no damage occurred. It just adds more credence to the claim if the damage is visible in scans.
I may pursue this. I was medically retired in ‘03 and a year later they took away my retirement. 6 years after that I was given my retirement back and the letter from USAF says the VA did not follow their own rating guidelines and therefore I should’ve never lost my retirement now been rated so low in the beginning. I was retired for an “unknown” condition yet I’m not getting a rating for it. We now know it’s Gulf War related and after 13 years I finally got to 100% but still no back pay nor compensation for losing my retirement or wrong ratings. They simply denied me year after year but eventually would rate me higher for the same issues from when I was in service…meaning, I never claimed anything new, they finally would give me a rating I deserved.
So, I got out in 1991, went to the VA in 1992. They found esophageal ulcers as service connected along with IBS and some other things. They stated hiatal hernia they denied as not service connected.
Back then, I had no idea what a hiatal hernia was. Now I do and I wonder how did I get the esophageal ulcers without a hiatal hernia? Acid reflux? They were bleeding ulcers.
What about a clear error such as my back pain claim was denied and the examiner stated I was not a paratrooper and stated I didn’t deploy, both oh which are clearly wrong
What about caregivers services?
I have a CUE that I will file for, on 04/15/2005 I had a heart attack CHF and it is in my va medical records but when I awarded my disability benefits the date was when I put in for help with income aid I had a stress test 2007 that was used for the affected date 2 years later and only 30% not the 100% like it is in the Agent Orange guide let me know what I should do please
Entitlement arose at original claim date yet Va denied you. Go back and do a CUE claim. Yes!!!!
Excellent video...thanks
I filed a claim for auto immune (lupus/chronic fatigue /fibro) caused by multiple vaccines given at one time. My rheumatologist made the nexus(he doesnt even give 2 shots at the same time because it can mess with your immune system) . I filed the claim & it was denied. The decison was : it wasnt diagnosed within one year of discharge. Lupus is not an easy diagnosis to make, it takes a long time and you have to see every specialist there is to R/O problems with that particular body system.
I was discharged in 1987 (prior to the removal of mercury in vaccines. I now have allergy to thymerisol, a mercury based preservative in vaccines).
I was formally diagnosed with lupus in 2004. I filed my claim in 2020, because i hadnt been going to VAMC for healthcare because I was told in 1990 that I could only be seen in PT/OT for my SC knee.
I saw that there is now something related.to the PACT ACT that allows illnesses from multiple vaccines. WTH. Should i file a cue for the denial? Then ask about MUCMI that I had before MUCMI was a thing? I have EPA, DOD & DOJ reports of the contamination at my base, scholarly studies/reports to back up all of my findings, which some of them my rheumatologist used to create Nexus - and were submitted with claim.
I starymted to go back to VAMC in 2018 after being diagnosed with breast cancer. I stopped going in 1990 because i was told the couldnt see me for anything other than PT/OT for my SC Knee. I was NEVER told I could go for health care. It would have been a whole lot easier having all records from 1985 to current in on place, but no its scattered over 27 specialist outside the VA. My VA PCP ask on my last visit if ALL of my cancers could be claimed- I said I dont know because they deny just about everything I attempt to claim. PACT ACT now has presumptives and i have a positive toxic exposure..getting final information together for my ITF deadline. I also worry about what i could have passed to my son while pregnant
I filed a CUE in 2023 and won but they only gave me 20% for 27 years.
can you send me the form no thanks
Thank you Davidson Law for putting in all your hard work fighting for all our Veterans🪖 your videos are Always informative and much needed💯
Not all lawyers take cases. I couldn't find a lawyer, so I had to submit it on my own.
H.R. 6023 Veterans Restitution and Justice Act - Can we file suit to push through? It's being reviewed by "CBO" for payment.
Thank you 😊
What is a nehmer claim? And how would you file a nehmer claim for a mental illness condition?
If the VA paid me, I’d be a millionaire.
Thanks! I just submitted a form for free consultation. I know the CFR for an unajudicated claim.
Ironic Mr. Davidson, that you would pick up The CUE, when I've been contemplating IT these past few weeks. MY Claim/Appeal "seems to meet" ALL the criteria that Attorney Eric Gang lays out online. The VA (having THEIR Own Agenda) has made at least THREE major legal Errors in my case, and these testified in writing by One of their Own VLJ's! This One a Senior VLJ!
I'm Certified back to 2006 with "PENSION" which is more than 216 months at minimum. My First Unanswered Filing was 1976! I am Ädvanced On the Docket", am 78, served 1966-1970.
Having enormous Proofs In Record of "Two Severe TBI's before age ten"..Will You Do CUE as my Legal Rep?
I filed for headaches/migraines in mid 90s. Now those are presumptive based on my DS deployment and now rated at 50%. I am about to do a CUE as they denied that original claim so I never knew I could fight that. I wanted to wait until I got the new SC for it. My VSO says I have a good chance of getting back pay for that…. Thoughts?
I'd love to know if you are able to do this. I'm in the same position from previously denied that are now presumptive, and I had the diagnosis not only before discharge, but throughout my service
@@kimberlymiller8671 I am researching it at the moment. I suggest you read your original denial letter and then any new ones related to that claim (their response). I see they did reply about ones they recently denied using verbiage as to not be able to go back that far, but they DIDNT use that same verbiage in my Migraines claim. My VSO seems pretty confident I do a different type of review, I will see if I can find the name of it, that I should get back pay to that first denial since it’s now SC as a presumptive…..
So im a little curious im a MST survivor rated 100 percent P and T ,so the question is is it true that my back pay supposed to go all the way back to when I got out the military rather than when I filled my claim ? Thank you for your assistance with this matter.
Yes, I was talking to someone at the VA the other day and they mentioned that a woman who was a MST survivor received $1million in back pay. File the CUE on a Supplemental claim.
@@RessurrectionGraves what do you mean by file the cue on a supplemental ? Thank you for your assistance
Would not applying SMC to a veteran that is entitled to it constitute a CUE?
I filed a claim in 2012 related to my right leg, they kept denying a left leg claim, but I kept writing letters letting them know that it's a right leg claim, until 2022 they close my claim .😤😖😡
What paperwork do you use for the Cue
My recent C&P examiner stated to me after reading all my past PTSD Claims, what was wrong/missed in my past claims by the VA. My first PTSD claim was in 2014, but only in 2024 did I finally receive a 70% rating for PTSD. I will be submitting a CUE to get that 10 years.
How far back can take a CUE claim?
No limit to how far back you can go..
wow.. i need a specialist with this one.. my case goes to back 2008 and i have applied and constantly been denied.
I filed for radiculopathy (secondary to my back at 20%) and was denied because my medical record didn't record didn't support service connection. Someone from the v.a. helped me look through my record. And we found a diagnosis for radiculopathy, exactly what I was denied for. Would this qualify for a CUE?
What if the claim awarded for PTSD, tinnitus, etc. was awarded in 2015, but through documentation of buddy letters used to grant the disibility, ducumented the symptoms as far back as 1991?
Those letters were pivotal in creating the nexus.
To do a CUE. What kind of attorney is needed. Are their recommendations for NY
Any Accredited Attorney specializing in VA law in the Nation will do.
All claims submitted at same time though effective dates are different and they were submitted within time of intent… why?
So who filed the Q? I was just awarded disability after being denied several times from 1993. I was miss- diagnosis.
Clear and unmistakable error which you take the first letter of each word c.u.e. cue
I was approved 100% disabled in Lyons NJ VA hospital many years ago. I just never acted on it. Then about ten years later I did and it got denied. What can I do?
Wow filed for mood disorder in 2000 got denied and it’s 2024 once again the Va said I been diagnosed with mood/anxiety disorder 🤔
What if you have Crohn’s and your C&P exam was done by a physical medicine and rehabilitation doctor?
Appreciate your info ! Vietnam veteran (1967-68 in the chu-L’ai and Danang areas . Have been taking blood pressure meds - a daily pill for several years . Never thought of possible eligibility . Blood pressures tests 2-3 times annually . What recommendations as to first step to determine whether I’m entitled to any benefit . Thanks ! Tom-ps all my health care has been thru the VA as they would have 100 percent of my medical records since 1970
Is a there a form for filing cue?
Will you mr Davidson help me get mine. I have hand written letters from chief stating claim is true. Dnied
Checking status update seen this procedual review protocol when my initial claim was denied in 2016.Is this good bad. Recently got remand 2023 have filed new claim.Any advice thanks
In my case, I filed an ITF Jan 03, 2023. after years of doctor appointments, therapy, and twelve months of work uploading all my evidence for three separate secondary claims, my VSO filed my claim the day before the cut-off. One was excepted and two were denied because they were filed on the wrong form. The VA requested that they be re-filed on a different form. My VSO filed a supplemental claim with the correct form. fast forward three months, I just received my decision letter and a rating of 100% P&T on one of the secondaries. Unfortunately, re-filling a supplemental claim caused me to lose my original ITF date, along with $34,000 of retro pay, give or take a few thousand $$. At this point, could filing a QUE be an option for me to secure an earlier effective date for my claim?
And/or, Would it be advisable to higher a lawyer?
unless the VA changes your effective date to the most recent C&P
Hello how are you doing looking at your you tube video, I had an issue like this in 1992 I applied for PTSD back then and was denied, I was later on granted PTSD, in 2018 and now , I never knew I have been denied because it was foul at the veterans affairs, and no one never inform me of my denial, when I was approved in 2018 that I had been denied prior to this claim, wondering if I can file a claim on this matter? without interrupting my current disability pay.
My question is about sleep apnea. my claim was denied in 2015. they said waited too long. I had waited 7 years after separation to be diagnosed I have a sleep study from 2002 diagnosing Sleep Apnea. Claimed nasal conditions could not have caused it just it. I had been awarded disability for Allergic Rhinitis & Partial Turbinectomy. kept claim Mayo Clinic results from UP to Date did not show that could cause sleep apnea. would that possibly be a CUE case?
I got one for you I was pushed out of u s m c after only one year of service 3 months an d 11 days boots on ground in nam they forced me to sign discharge papers tried about six times to get waiting for disability long story but was rejected each time finally after 40 years after I was discharged I got waiting but was told I cannot get any of the 40 years back pay I enlisted what is wrong here
Good intel Thank U
they went with a new effictive date not the itf date of the whole claim
I was in the army in 1975 ,was injured while training ,after a month in Hospital ,they decided to discharge me ,They said I would not get a medical discharge for whatever reason, I have been enlisted for about a year,im 18 yrs old at that time. Did not know any better. Just Accepted that, is it worth the time to see if I should have received a medical discharge? Or compensation these past years.
a few years ago I filed the intent to file 8 mo, later I filed 1 clam that had 6 thinga in it 4 were deamed service connected at 0% and it went back to the itf date and 3 months later I was granted a 70% for the rest of the same claim that I filed for would it be worth fighting it?
Can the CUE negatively affect the current rating the veteran has been issued? I have an issue I may need to talk with your law offices. I recently filed a request for an audit regarding a potential backpay circumstance. The VA has just rendered a decision on a claim they denied of mine from the exact time frame you mention in the video - 32 years ago! I am thinking I may need to remove the mild request for audit for a CUE. APTTMHY
I need help on this
Whàt ís Q or cue?