Legal Question in Veterans Law in South Carolina

Re: retroactive VA disability claim

The very short answer is: probably not. Now, if you filed a claim for it back then, which may have been done in your outprocessing paperwork---and it was never adjudicated, you may have something to work with. Or if service connection was denied back then due to a clear and unmistakable error (which has a specific legal meaning), you may have a little better than a snowball's chance. Such errors are very rare and hard to prove. But if no claim was filed, you are most likely out of luck. If the VA gave retro benefits to everyone who deserved them, this country would really be bankrupt. Keep in mind that the effective date for back benefits is almost always the date the VA receives your claim. They won't give you anything unless and until you ask for it.

Feel free to email me directly with any further questions.