Hi Jim,

I was awarded 50% compensation for migraines in 2010 with a retro date of 2008. I appealed the retro date because I had filed for disability compensation back in 1999 and 2002. The VA denied my retro claim because I did not appeal when I filed in 1999. However, I did apply and appeal in 2002, but of course I was denied. I will appeal the decision to the BVA.

My question to you is do you think I have a chance at winning this appeal? I recently read an article of a man receiving retro benefits dating back to 1950, even though he did not appeal when the VA initially terminated his compensation for a bad hip.

Peace and Blessings...

Reply:

There are always opportunities to prevail if VA made an error when you were first denied. This is called a CUE claim...for Clear & Unmistakable Error.

I advise veterans that they should never attempt this sort of appeal unless they are represented by an attorney. To seek an attorney to represent you is a sort of litmus test for your CUE claim. Attorneys who represent veterans don't get paid unless they win. So, if an attorney takes your case, it's probably a good claim. If you can't find a lawyer to help you, you can be pretty sure you don't have a claim that can be won.

Please read my page here http://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html  and then shop around to see what a veterans law attorney would tell you.