Veterans Court of Appeals (CAVC) Discusses Pending and Unadjudicated Claims

The Veterans Court has issued a new decision that discusses pending and unadjudicated claims. When a veteran files a claim, the VA must issue a decision on that claim. If the VA doesn’t issue a decision, the claim remains “pending,” which is another way of saying that the veteran is waiting for a decision. In some cases, the VA doesn’t realize that the veteran has filed a claim and that it is pending, and therefore a claim can be pending for many, many years. In cases like that, the veteran can end up being entitled to a significant amount of retroactive pay.

In the new decision from the CAVC, the Court found that the veteran did not have a pending and unadjudicated claim, and therefore the veteran was not able to receive many years of back pay. However, the case makes clear that the VA must make a decision on any new claim that is submitted.

Is Your VA Benefits Claim “Pending”?

Many times, it is hard to figure out whether a claim is pending and unadjudicated. If you believe that you filed a claim many years ago that VA never made a decision on, please contact our advocate for veterans to discuss.

More Articles

What Causes PTSD to be Triggered in Veterans?

In the past 15 years, the estimated number of veterans who have been diagnosed with PTSD currently numbers more than 500,000. As many as 60,000 of these veterans are Iraq and Afghanistan war veterans. Estimates show more than 20% to 30% of veterans...

Federal Court Addresses PTSD Stressors

A recent decision from the U.S. Court of Appeals for the Federal Circuit confirms that VA must apply a generous standard when evaluating the lay testimony of veterans suffering from PTSD concerning their combat experiences and PTSD stressors. Sanchez-Navarro v....

Permanent and Total VA Disability Ratings for PTSD

What is Post Traumatic Stress Disorder (PTSD)? Post-traumatic stress disorder (PTSD) is a mental health condition that develops in some people who have experienced a shocking, scary, or dangerous event. Symptoms of PTSD usually begin within three months of the...

Depression And Your VA Claim

Depression can negatively affect every aspect of your life: how you feel, think, sleep, function, and interact with others. According to the National Alliance on Mental Health Issues, about 14% of veterans suffer from depression. Depression is one of the most common...

FREE CASE EVALUATION 

"*" indicates required fields

Name*
Hidden
Hidden
This field is for validation purposes and should be left unchanged.