700 + days and waiting on NOD

[Navyguy2013]

I have a question on the best path forward for a NOD I filed over 700 days ago.

I filed the NOD in response to several disability claims that were denied for failure to show up for my C&P exams. I never received notification of any exams so, I did not show up. I filed a NOD contesting the above information within the required time-frame.

Ebenifits shows no change in the last 700+ days on my NOD. My calls to the VA's 1800# have yielded no results, they say they have no estimated time-frame for completion, and no updates on the NOD's progression. Just stand by to standby is the response from the VA. NOTE: I did get notification for C&P exams for my disability exams associated with my NOD in JAN2017, I did go to these exams.

So it appears that something is happening with my NOD, but Ebenifits and the VA 1800# show no changes in the last 700+ days. (I just got off the phone with the VA again this morning)

What should I do, stand by, if so for how long? Or should I contact someone, if so who, and what method of communication should I use?

I thank everyone for all of the help you provide to all of us, hopefully, one of these days I can provide assistance to people on this site, so far I am just stumbling around the VA process.

[Victor Ray]

I think too that sometimes they are told to just give the vet a little increase in rating and make him file a NOD. Several times like that and they are dead and we saved a bunch of money and work. When the facts get to the right person without being destroyed, magically, a correct decision is made. 

Victor Ray

[Buck52]

I don't think by them giving a low rating saves the VA Anything on the contrary it cost them More  when a Veteran files an NOD  B/C eventually he wins and then they pay all the retro  vs if they would have approved his claim sooner  it would be much less cost effective..but the VA Employees seems to think Backwards.

jmo

[Victor Ray]

Buck.

Todays dollars will buy much more than it will 5 years from now, plus interest. I filed in 1983 which was supposed to go back to April 1972 or June 1971 when I was evacuated out of Vietnam. If I win, and they went back 46 years at 100%, would they pay in today's 100% dollars? $3000 for each month or $800, or what ever it was then? Would they pay 46 years of interest too? That sat on my records for 45 years with me receiving $0 C & P and not paying one cent for medicine, hospitalization or doctors visits, or any medical care or insurance premiums at all. I think they saved a lot, and when they only SC you say 10% for hearing, and denied IHD even though you were in Vietnam, they save again, because the 4 bypasses performed were paid for by the employer and personal insurance and the vet himself. David Shulkin said a vet had been waiting over 30 years for a decision because he keeps submitting pieces of evidence and they keep starting him over from the beginning, which is bull. How long do they go without receiving evidence before they make a decision? Can they not rate the claim for what it is up to the point they received more evidence? A person that never served at all gets his claim looked at exactly like he is a highly decorated Vietnam Veteran, according to DAV. I think it is the most pitiful design and any high school student could improve it. Mine went to four states over 8/9 month period when in the NWQ. They are always looking for a loop hole to deny you benefits, and we do not get the benefit of doubt, IMHO...     Victor Ray

[Buck52]

 Note  you may need to use your bottom arrow to scoot this post to the left to read all the post.

No the VA don't pay Interest on back pay  they just add up the % of your rating and make adjustments accordingly  or if the veteran never was paid anything then they add up the years and as to what ever the compensation was for that year thats what you will get    adding all the way up to the present.

How VA Determines Effective Dates for Disability Compensation: When Veterans Back Pay Starts
 

The effective date for disability compensation benefits is usually the date the Department of Veterans Affairs (VA) received your application. Disability benefits will be due to you from the first day of the month following the month of the effective date. For example, if a veteran applied for benefits on October 12, 2014 and was finally awarded benefits in January 2016, benefits would be due to the veteran from November 1, 2014 forward. Because the VA takes months or years to decide applications, veterans can expect back payments going back many months once they a

 

Can an Effective Date Be Later Than the Application Date?

The general rule for first-time applications for service-connected disability compensation is that the effective date for benefits is the date entitlement to the benefit began or the date the Department of Veterans Affairs (VA) received the application for benefits, whichever is later. The date that entitlement began means the date on which the veteran satisfied all of the requirements for  disability compensation. This will often be the date when there was first medical evidence of the disability (meaning, when the veteran was first treated for it).

For most veterans, the application for benefits is made  after  the disability manifests and the veteran receives medical treatment. So the application for benefits will be made later than the first medical treatment and evidence of the disability (when entitlement began). This means the effective date for benefits is usually the date the veteran applied to the VA.

What Is the Effective Date for an Increased Disability Rating?

If you have requested and been granted an increased  disability rating, the effective date for the increase will typically be the date you filed a claim for the increase.

Can an Effective Date Be Earlier Than the Application Date?

In some cases, veterans will be awarded benefits prior to the date of their original application for benefits.

Recently discharged vets.  The most common exception is for newly discharged veterans. If a veteran applies for benefits within a year of discharge from active duty, the effective date will not be the date of application, but the date of discharge.

Error.  Another exception to the basic effective date rule is where the VA has made what is called a "clear and unmistakable error" in denying a case, but that is uncommon.Vietnam vets.  Special rules apply to some Vietnam veterans with claims for disabilitycompensation for Agent Orange-related illnesses. This is in recognition of the fact that some diseases arose many years before the VA began granting service connection for those illnesses. In these cases, the effective date is typically the date the VA recognized the illness as related to Agent Orange.  These rules do not apply to veterans who were exposed to Agent Orange outside Vietnam.

Can I Get an Early Filing Date?

If you have not yet applied for benefits, it is to your advantage to notify the VA as soon as possible of your intent to file an application in order to preserve the earliest possible effective date. Filing an informal claim before you officially file your application will give you the largest possible retroactive payment if you are awarded benefits.

Notify the VA in writing or using a Statement in Support of Claim form of your intent to file for disability compensation. Include your name, dates of service, and Social Security number.

After you submit an informal claim stating your intent to apply for benefits, the VA will send you an  application form  for disability compensation benefits. You must complete and submit this application within one year of receiving it or you lose your right to the earlier effective date based on your informal claim.

What if I Didn't Know I Had the Right to Apply for Benefits?

The VA has a legal duty to notify veterans of their right to apply for benefits, but a failure to do so will not justify an earlier effective date for benefits.  Veterans have tried to argue that they had their disability long before they applied for benefits and would have applied sooner had they known they had the right to. This argument has not been successful, and these veterans have typically been restricted to the effective date based on their first application for benefits.

What Is the Effective Date if I Reopened a Claim?

If your claim for disability compensation benefits was denied and you submitted new and material evidence to reopen that claim, and the VA then awarded you benefits, your effective date will generally not be the date of your first application. Instead, the effective date will usually be the date you submitted your application to reopen the claim.

Can I Get Retroactive Benefits Earlier Than the Effective Date?

There is only one type of claim that is eligible to receive retroactive benefits for up to a year before the filing date. A "fully developed claim" for service-connected disability compensation can be eligible for retroactive benefits if it's the veteran’s first disability claim and the veteran was disabled for a year before applying for disability benefits. Retroactive benefits have been approved only for August 6, 2013 through August 5, 2015, though they could be extended. For more information, see Nolo's article on fully developed veterans disability claims.

What if the VA Never Issued a Decision on My Original Application?

If the VA failed to issue a decision on your original application for benefits, and you later file a new application, the effective date may be the date of your original application. This will be true, however, only if the medical evidence shows that your disability had arisen by the date of the first application. Also, you must be able to prove you applied for benefits earlier and there must not have been any communication from the VA that could have been perceived as a denial letter. Other legal matters must also be considered that require consultation with a  VA disability attorney.
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Edited March 5, 2017 by Buck52

[Buck52]

Its better to file  FDC claim on the 21-526ez  

jmo

[Victor Ray]

Buck.

That's exactly what I am getting at. If they do this to every veteran, which they pretty much do from what I see, vets are continuously getting screwed over. There is no penalty for the VA doing anything it wants, screwing anyone it wants for as long as it wants. Every veteran should skip any VSO and go straight to an attorney from active duty. VSOs are worthless. The veteran gets screwed 100% of the time. They may accept the outcome, and may even be happy with it, but they are getting screwed anyway you look at. That's the VAs thank you. Pretty much a big F. U., and it is 100% intentional, telling me I never complained, was never treated, never diagnosed, with any illness, disease, or injury, when I was hospitalized in Vietnam for a month, and then say there is no record of, when I have them really makes me sick that there is such pure corruption in every VA facility in the United States, and in every department of Justice in every office in the government, especially the Veterans Benefit Administration, the Veterans Health Administration. Filth runs the VA.

Victor Ray