Question:
I filed for disability in 1977 including a NOD. The VA did nothing with the NOD for 40 years. Recently, the BVA heard the case. I understand that my effective date and back pay date would be my 1977 claim date. Is my understanding correct?
Jim's Reply:
When we are denied a benefit, we have one year from the date of the denial to file a Notice of Disagreement or NOD. Once the NOD is filed that will progress into an appeal that may be adjudicated at the Decision Review Officer (DRO) level or at the Board of Veterans Appeals (BVA) level. Timeliness of filings and responses play a part in the adjudication of your appeal. I'm not aware of any successful appeal that dates back 40 years so I have a feeling I'm missing something here? I suspect that somewhere in that time span there was a new and more recent filing that will set a more recent effective date. While it would be unusual, if you did prevail in an appeal that had an effective date 40 years in the past, you'd be owed that retro pay.