Legal Question in Veterans Law in New Mexico

The Regional Office

I initially filed a claim with the VA for service connected Bi-polar disorder in 2001 & was denied. The claim was refiled in 2006, DAV represented me before the BVA. The BVA sent me(in Apr. '08)a 5pg.decision that they remanded it back to the RO and informed them that there is new and compelling evidence to re-open my claim. Will I receive back pay to 2001?


Asked on 8/29/08, 10:10 pm

1 Answer from Attorneys
Jill Mitchell-Thein Heard & Smith, LLP

Re: The Regional Office

The short answer is most likely no. When you reopen a case, the effective date for benefits is the date the VA received the request to reopen. Some very rare exceptions may allow an earlier effective date, but an attorney would need to review your file. Be glad the Board gave you a remand, and do as much as you can to support your claim this time around. Good luck.

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Answered on 8/30/08, 10:14 am


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