Legal Question in Veterans Law in Texas

VA delay in awarding disability benefits

I submitted a VA disability claim in 1993 for spinal injury sustained while in the Navy in l952, the claim was denied.

In 2002 I submitted the same identical claim package and the claim was approved for 50% disability. I feel that I should be entitled to back benefits.

Asked on 6/12/04, 3:32 pm

1 Answer from Attorneys

Jill Mitchell-Thein Heard & Smith, LLP

Re: VA delay in awarding disability benefits

It may be difficult to get benefits starting in 1993 if you never appealed the original denial. But it is certainly worth your looking into, to see if there was Clear and Unmistakable Error in the original decision--(even though such cases rarely succeed). Do you have copies of the original claim and denial? Feel free to email me directly with more specifics and I can try to lead you in the right direction.


Jill Mitchell

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Answered on 6/12/04, 11:22 pm

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