- April 19, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Background of VA Benefits Case
I filed for anxiety and depression back in 2013. The Compensation and Pension (C&P) exam indicated that I should be rated at least 70%. However, the doctor did not fill out the Disability Benefits Questionnaire (DBQ), leading to a lower rating of 50% by the next doctor. Despite filing for an increase four times and a Clear and Unmistakable Error (CUE) claim due to the discrepancy in opinions from the first C&P exam, all my requests were denied.
### AI Legalese Decode Assistance
AI Legalese Decoder can help analyze the VA benefits claim documents to identify any errors or discrepancies in the rating decisions. By providing a thorough review of the case history and medical evidence, the AI tool can highlight potential avenues for appeal or reconsideration. Additionally, it can offer suggestions on how to strengthen the appeal for back pay to 2013 based on the new evidence.
### Current Status and Decision Dilemma
After filing again in 2022, I received a denial but later obtained a favorable outcome through a higher level review, leading to a rating of 100% Permanent and Total (P&T). However, the VA refused to grant an earlier effective date beyond 2022, citing my lack of active pursuit of an increase prior to the recent filing.
### Consideration for Filing an Appeal
Given the situation, the question arises whether pursuing an appeal for back pay to 2013 would be beneficial or risk opening up further scrutiny of my case. As I am now rated at 100% P&T, there is a concern about the potential consequences of stirring the pot with the VA. Any decision regarding an appeal should consider the potential benefits and risks involved in seeking retroactive compensation.
### Conclusion
It is essential to weigh the pros and cons carefully before deciding on whether to appeal for back pay to 2013. AI Legalese Decoder can provide valuable insights and guidance in navigating the VA benefits claim process to ensure the best possible outcome.
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If your claim has been kept alive throughout the process, then it could be considered, however getting to 100% wasn’t easy for ya, so think carefully about bringing scrutiny back to your claims. Some things we just have to let go. It’s a personal decision but the risks outweigh the rewards. Good luck 👍
Truly I would let it be. That’s just me tho brotha/sista. Congratulations on the 100%.
Oof, man I’d let it be and not let greed get the better of you. If you truly want to pursue this, contact a law firm that specializes in VA issues and see if you have a case, but just know you run the risk of losing that 100% P&T.
That’s a decision you would have to make. You could also seek legal counsel for a more thorough investigation/opinion. These organizations have VBMS access and could see if your claim was actively pursued or not. Their willingness to take your case would provide insight. Personally, If I was 100% P&T… My goal is accomplished and I’m done! Just sharing another perspective.
Your decision in 2013 wasn’t appealed by the deadline. You lose by default. Your decision letters show your appeal options and deadlines.
I’d love to see you get all that back pay, but you just aren’t eligible because you didn’t appeal by the deadline.