Question:
Hello Jim, I'm a Marine Corps veteran 86'-90' - receiving TDIU for 70% PTSD plus other issues - tinnitus, TBI, Scar rating, etc. This decision came through from the VA last year - 2019. In 2005, I was approved for an NSC Pension for Bipolar Disorder (diagnosed by VA doctors at the time), and stayed on the pension until the TDIU was granted. My question to you is this: In your opinion, should backpay (the difference lost through the years between the two) be pursued going back to the Bipolar diagnosis in 2005 either as a secondary to the PTSD or as a misdiagnosis or some other connection? I'm very grateful for my current benefits, and that they finally came through, but I see something here that is obvious to me. In my research, I've seen citations online where the judge recognized this connection and granted backpay in cases similar to my own. Will I be stirring a pot that shouldn't be stirred? I can't help but feel that the VA got it wrong the first time and that I'm leaving the monetary difference (between the pension and what should have been full TDIU, all along - post 2005) on the table. Your insight in this matter is greatly appreciated. - Vince
Jim's Reply:
I think you're asking me if the VA made a Clear and Unmistakable Error (a CUE) in your claims adjudication.
VA makes mistakes, plenty of them. Sometimes VA will catch their own CUE and the veteran is pleasantly surprised to get notice of an unexpected monetary benefit. This happens less often than you winning a scratch off and it doesn't sound as if any sort of quality review caught errors in your claims.
The CUE claim is the most challenging of all, many veterans law attorneys won't bother. The M21-1MR adds to the complexity.
You can talk with any or all of the veterans law attorneys you'll find here for free. If you find someone interested in taking your case, great. if not, you'll have a better understanding of why.