saxman

DRO SOC

8 posts in this topic

Hello all! 

I just received my DRO SOC for EED on my award from 2013 ulnar nerve entrapment at left wrist, denied! 

This condition was first noted on my original claim back in 1992.  It was listed under treatment conditions.  Now when that claim (1992) was adjudicated it was never mention in the award 

I received.  So fast forward 2013 i filed a claim for the same condition with the same medical evidence and was awarded 10%.  According to M21-1 Part 3 chapter 2 section b, if you list any treatment condition on your claim it is to be treated as a claim for that condition.  Can someone please help me with this?  It's a cue going back to 1992!

Thanks! 

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Dont feel like the Lone Ranger.  Its been pointed out that the DRO pretty much denies all EED claims especially when talking 5 and six figure retros.

Can you post the reasons and bases, covering your private information?  Is this a new claim or claim for increase?  

You are gonna have to file the I9, appeal to BVA, but, you want to address the R and B for both the SOC and the original EED denial.  What was the reason they gave that they denied your earlier date?  

To add, if you want specific help with your specific claim, then you have to give specific reasons and bases.  

If you want "general" help on effective date appeals, I can point you to the regulations on effective dates.  Generally, your effective date will be the later of the date you applied or facts found. (The date the doc said you were disabled).

38 U.S. Code § 5110 - Effective dates of awards

Current through Pub. L. 114-38. (See Public Laws for the current Congress.)

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(a) Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.
(b)
(1) The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.
(2)
(A) The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application.
(B) For purposes of this paragraph, an original claim is an initial claim filed by a veteran for disability compensation.
(C) This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act.
(3) The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.
(4)
(A) The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran.
(B) A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled.
(c) The effective date of an award of disability compensation by reason of section 1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date.
(d) The effective date of an award of death compensation, dependency and indemnity compensation, or death pension for which application is received within one year from the date of death shall be the first day of the month in which the death occurred.
(e)
(1) Except as provided in paragraph (2) of this subsection, the effective date of an award of dependency and indemnity compensation to a child shall be the first day of the month in which the child’s entitlement arose if application therefor is received within one year from such date.
(2) In the case of a child who is eighteen years of age or over and who immediately before becoming eighteen years of age was counted under section 1311 (b) of this title in determining the amount of the dependency and indemnity compensation of a surviving spouse, the effective date of an award of dependency and indemnity compensation to such child shall be the date the child attains the age of eighteen years if application therefor is received within one year from such date.
(f) An award of additional compensation on account of dependents based on the establishment of a disability rating in the percentage evaluation specified by law for the purpose shall be payable from the effective date of such rating; but only if proof of dependents is received within one year from the date of notification of such rating action.
(g) Subject to the provisions of section 5101 of this title, where compensation, dependency and indemnity compensation, or pension is awarded or increased pursuant to any Act or administrative issue, the effective date of such award or increase shall be fixed in accordance with the facts found but shall not be earlier than the effective date of the Act or administrative issue. In no event shall such award or increase be retroactive for more than one year from the date of application therefor or the date of administrative determination of entitlement, whichever is earlier.
(h) Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year.
(i) Whenever any disallowed claim is reopened and thereafter allowed on the basis of new and material evidence resulting from the correction of the military records of the proper service department under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of reopening of such disallowed claim. This subsection shall not apply to any application or claim for Government life insurance b
Edited by broncovet

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Thanks broncovet!  I have to work on getting the information on here.  I have to figure out how to do it.

Edited by saxman

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The reason they said they denied the EED is because they said I didn't file a claim for left wrist ulnar nerve and that I only claim Sarcoidosis. 

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This was before the Claims Assistance Act of 2000.

What was the law back in 92?  Specifically, did they have a duty to develop an inferred claim?

Edited by pwrslm

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EED's are tough.  The Veterans benefit manual is about 50 pages on just effective dates.  Many times the Veteran has to prove CUE, a higher standard of review to win an EED.  And, pwrslm is exactly correct that a CUE has to be based on laws AT THE TIME, to be CUE.  A change in regulations is not CUE.  

As far as the laws in 1992, you should read what NVLSP has to say about inferred claims:

http://www.purpleheart.org/ServiceProgram/Training2013/19-T-Effective dates-Ron.pdf

For EED issues, the Veteran should consider taking his file to a competent Veterans law attorney especially if there is a big retro involved.  Make no mistake.  The VA fights Veterans "to the death" before they write a 6 or even 5 figure retro check.  

Edited by broncovet

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