0% rating in 2005

Question:

Thank you so Very Much for the time you give to answering questions and giving your opinion and recommendations. This might seem crazy in my situation but, I had my service connected VA Physical in 2005. I have a condition that was rated at 0%. I just recently requested that this exact condition be reevaluated, My Reevaluation was given 50% ( I am very grateful for this new rating) BUT should I ask for a Revaluation of percentage from 2005 or just let things go? Thanks for your time and Assistance! Respectfully Kevin J Or would retaining an Atty be worth my efforts?

Jim's Reply:

Your situation isn't at all crazy, this is a good example of how the system works and what happens if we don't take time to learn about our benefits. If we aren't aware of what is available and how to use the system, we lose.

When you were rated at 0% in 2005 you had one year from that date to appeal for a higher rating. Since you didn't disagree with the 0% rating during that time, VA assumes you were happy and the rating became permanent.

When you recently told VA that you wanted to be reevaluated,  the exam showed that your condition had worsened over time and is now rated at 50%. You don't have any reason to seek a higher rating from 2005 unless you can prove that VA somehow made a mistake in applying the laws, rules and regulations that were in effect at the time. That's called a CUE (Clear & Unmistakable Error) claim and is the most difficult of all VA claims to prove. Since there is nothing to appeal you aren't allowed to retain an attorney to help you, the time to have done that would have been in 2005 if you had appealed the first rating.

Were I you, I'd let it go.