Here is what I mean “prying open the back door”..to help win your claim.
Its a technique to help you win claims, that I am now using. I will let you know if it works, but I think so.
Background: I applied for benefits in 2002. VA denied (suprise suprise), and I appealed. Boom! BVA awarded!! Done? Nope, VA found a glitch, as usual, to delay and deny. They “awarded” 0 percent for hearing loss only, and never adjutcated the rest of the stuff. (TDIU or MMD).
I applied for depression again in 2004, and was awarded 30 percent, and another 10 percent for tinnitus. At least I was not “living on the streets” as I could “survive” on 450 per month, tho just barely. The also awarded pension so I was up to about 1000 per month, which, of course, the VA wanted me to settle into a pure poverty lifestyle.
And, I made the mistake of not appealing this (BOOOO).
Finally, in 2009, I was awarded 100 percent, but effective date was 2006. Now, IM appealing, much smarter now.
So, I appealed the effective date, unwilling to sacrafice 4 years of my life lost to VA errors, and the denial of TDIU, which they said was “moot”.
The board agreed with me, that TDIU was not moot, as it meant I could get an earlier date, and eligibility to SMC S because of Bradley vs Peake.
It took the VARO 3 years to implement the TDIU remand, and, they denied. I appealed, and won tdiu in 2017, but only from 2004 to 2006.
I wasnt buying them taking out 2 years, remembering I lost my home in 2005 and was a homeless Vet for a short period.
So, I appealed the 2017 BVA decision to the CAVC and hired well known attorney Chris Attig. The bases of the appeal was that:
1. The BVA adjuticated TDIU as a stand alone claim. Nope that’s already been decided and Im not buying that.
2. The VARO failed to reopen my claim in 2004, when I submitted new and material evidence because my claim was still pending and not finally adjuticated (that is, still in the appeal period). This is key. By not letting them get away with this, it “pries open” an old unadjuticated claim, forcing VA’s hand.