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 lawyers for veterans to discuss.