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Q308: The VA recently granted me sleep apnea. However I was compensated based on 2017. I filed originally and denied back in 1996. The file was closed because according to the VA I did not appeal. Can I go back in and justifiably ask for compensation based on 1996? The VA denied the claim without an exam but diagnosed me with Sleep Apnea months after denying me the claim.
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A1: Did you appeal or not? If you did then it is not settled. If you failed to meet their deadlines then you let yourself down. The VA can be tricky. If you stand before a VBA judge and say "according to the VA" the judge is going to ask according to you what occurred and where is your documentation and where is the specific form you fill out asking for a disagreement and later one to appeal if nothing satisfied you? It seems you got what you wanted but it also seems you did not follow up. Under those conditions I cannot see how the VA would give you back pay. (JD) 11/27/19
A2: You could if you can prove that the rating official made a "Clear and Unmistakable error," of if you had an appeal and the Judge said that the VA made a mistake in the original ruling. I am handling a case like your right now. (GR) 11/27/19