[NY] Can I get VA disability back pay by filing a Clear and Unmistakable Error claim?

NY Legal (General)

Hi, I was recently awarded 70% service-connected disability for symptoms I got in service and have had since discharge. But the VA only backdated my benefits to my new claim in December 2024. I want them backdated to my initial denial in 2018.

January 16, 2026

Queeneth E. Esq

4,470 satisfied customers

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Under VA law, if you did not appeal the 2018 denial within one year, that decision became final (38 U.S.C. § 7105(c)). That’s why the VA set your effective date as December 2024 (38 U.S.C. § 5110(a)). However, if the 2018 decision contained a Clear and Unmistakable Error (CUE)—such as ignoring service records or misapplying the law—you may be able to challenge that decision directly and obtain an effective date back to 2018 (38 U.S.C. § 5109A). CUE claims are difficult and require showing the outcome would clearly have been different without the error. Your next steps should include obtaining your full VA claims file (C-file), comparing the 2018 denial to the evidence that existed at the time, and consulting with a VA-accredited attorney or VSO.

Full Conversation

Lexi, Chatbot

I understand how important this is. Can you tell me more about the 2018 denial?

It was for the same anxiety and depression. The examiner said they weren’t service-connected at the time.

Lexi, Chatbot

Did you submit any appeals or additional evidence after the 2018 denial?

This new claim was technically an appeal. Back then I didn’t know I could try again—I was young and didn’t understand the process.

Lexi, Chatbot

Is there anything else the lawyer should know?

That’s all.

Queeneth E. Esq

Hello, I’m Queeneth, an attorney with over 8 years of experience. Can you explain the specific reasons the VA gave for denying your claim in 2018? Have you gathered new medical evidence since then?

The denial said my condition didn’t occur in or wasn’t caused by service, that there was no current diagnosed disability, and no link to service. They said my symptoms were normal for my age. I do have medical records showing psychiatric diagnoses and prescribed meds in service in 2018, and I’ve been treated continuously since. I’m requesting my initial exam notes and working with VA reps to gather evidence.

Queeneth E. Esq

That makes sense. The new decision even acknowledges my in-service diagnosis and medications. I think I have a strong CUE case. I’m in NYC—can you recommend VA attorneys?

Queeneth E. Esq

Yes. You may want to contact:

Veterans Service Group (VSG) – VA-accredited attorneys focusing on disability compensation
VA Disability Group (NYC) – Offers free evaluations and handles psychiatric disability appeals

That’s all. Thank you so much—you really brought clarity.

Queeneth E. Esq

You’re very welcome. I’m glad I could help. Have a blessed day.

Queeneth E. Esq

4,470 satisfied customers

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