Actual effective date on a claim

[Jimmer]

Hi, I am not sure I am on the right are for my question, if not I apologize.  I had a long running battle with the V.A. on S.C. for my eyes.  I renewed by filing about 11 years ago, and with you help and guidance I was successful. I cannot thank you enough how grateful I am for your help.   My question is that I originally filed a claim in May 1970, for my eyes.  I had been released from the USMC for a couple months, and I  filed I provided the doctor's information at the naval hospital, and two eye specialists.  I received a letter back from the Adjudication officer that said "We have found it necessary to deny this claim for eye condition because the condition cannot be classified as a disease or injury for which compensation will be paid".  I had the case re-opened in 1978, provided the Naval doctor name dates (he made the determination to release me), contacted three eye specialists provide information  to the V.A.  I received another letter from a different Adjudication Officer stating "As before stated in our letter of May 1970, we have found it necessary to deny your claim for a eye condition because the disease was pre -existed (not true!) service and cannot be classified as a disease or injury for which compensation can be paid".   I tired again in March 1981, same results. The V.A. never looked at the information, contacted the Naval doctor for the information.  It was only with a BVA appeal that the judge ruled in my favor.  The Naval Doctor had a complete file of what had happen. I feel that I should have a earlier effective date then what was given to me.  I just found these letter in info in my C-file, buried in a folder,  slightly crumpled.  I knew this existed, put I couldn't lay my hands on it until now.  I feel the just "rubber stamp" a denial every time I sent in the forms without doing any follow-thru.   Thanks for your help.

[Buck52]

Jimmer

filing this close after you got out of the marines  this should help you! 

If you Appeal the denial decision  or all the denial decisions in a timely manner  within one year  then

You can appeal the EED  with those letters you found in your C-File of the Navel Dr that mention what happen,  that is favorable probative evidence &  you can request your date be the  5- 19 70  the date you first filed ,  even if you were denied 10 times  nothing should change your first filing date  BVA Judge Rule in your favor. so request the date to go back to May 1970

Now since your claim was  reopen in 1978  they may try to use that as your EED  but you can request the 1970 first filing date.

 what did they rate you back then or when the BVA Judge Rule in your favor?

I am not that knowledgeable with EED Appeals......Broncovet  , Asknod and Ms Berta can help you a lot better than I can.

I do think you can win this.  you may want to post a redacted copy of the denial letters and post the reason and bases of the denial.

I' think this post will be read here...your ok.

[broncovet]

Welcome to VA!  Where they fight you every step of the way for every benefit dollar.  

You will need to file a NOD, on the applicable form, disputing the effective date(s), within a year of your decision.  I recommend you read the most recent (award decision) and see what reasons and bases they gave for the effective date.  

In your NOD, I recommend you cite your reasons and evidence for an earlier date.  

Make no mistake, tho, you will likely need to get  an attorney to get your effective date fixed.  

GS7's or even GS9's dont hand out six figure retro's like they are candy at a picnic.  This will likely be decided at the CAVC level.  

For now, go ahead and file your nod disputing the effective date.  Hope for the best but prepare for a long battle. 

Im in a fight with VA now on effective dates.    There is much on this board about effecitive dates, and I have even posted some of it.  

Generally, your effective date is the LATER of the date you applied or the "facts found", that is the date the doc said you became disabled.  

However, there are many exceptions to this.  

Did you appeal the (early) denial decisions, or did you simply apply again?  That may bite you, but since you did get awarded benefits, it may not be the deciding factor.    Still, a claim does become final after a year and you have not appealed.  

To overcome finality is tough.   There are AT LEAST 3 ways to overcome finality:

1.  CUE.  You need to prove Clear Error.  

2.  38 CFR 3.156, especially 3.156B and 3.156 C (new service records).  Study these if you are representiing yourself.  

3.  If you applied within a year of discharge, this can result in an earlier effective date.  

 

 

[Jimmer]

Buck 52 and broncovet, thanks for your input.  I do expect a long fight from the V.A., going back all those years.  I was discharged in April 1970, and filed a claim in May 1970.  The Naval doctor, pulled me aside and told me he had the records, and if I filed a disability claim to do it as quickly as possible.  He gave his "badge number", and told me you will "need this."  The V.A. used the same  determination over and over, when the medical results were there from the Naval Hospital.  I believe I had the case re-opened in August 1978.  I made sure that I provided the V.A. with the Naval Doctors name, dates,  and a three private eye specialists that I had seen. I also provided the V.A. information from friends, verifying that I did not have a "pre-existing eye condition". Same with 1981.  They either stated I had a "pre-existing condition" (not at all),  or no records.  It seem like someone spent five minutes and "rubber stamped" the decision.  As I mention, I just came across the information, in my C-file, as I looked at every piece of paper and files.  I knew I had filed but I had no verification, until now.  Also do you know a good attorney that you would recommend?  Thanks again, I really appreciate it.

[Jimmer]

Also I forgot to add.  The BVA when they awarded me S.C for my eyes the V.A. gave me 10%.  I immediately appealed, and had a C & P exam, and they move it up to 60%.  Then the  V.A. did a "CUE" on themselves and raised it to 80%.  I have some other S.C. as a result so I am at 100%.

[Buck52]

Iimmer

Contact Asknod (Alex G) Hadit Elder  Member ( I'd would hire him )  he is very good with Veterans claims   he is an Accredited VA Rep.  just shoot him a PM.

Find your entrance exam  if it was not noted you had a pre existing eye condition back then...then your good to go.

btw   what is your s.c. eye condition? it will help to know what that is  so research can be done.

jmo

Edited March 21, 2017 by Buck52

[broncovet]

For attornies, you should consider Glover Luck out of Dallas Texas.  That is my attorney.  You can also consider some of the "big names", such as Chisolm, Ken Carpenter, Katrina Eagle, Chris Attig, etc.  

I found the "big names" to be rather difficult to retain as there are more Veterans needing assistance than attorney's who are willing to wait for years for their money.  

You can send your MOST RECENT BVA decision to these firms and they will evaluate and tell you what they think your chances are, and some may offer you services on a contingency without an upfront payment.  I dont recommend you pay upfront.  

Glover Luck seems to be the most reasonable, at 20% of the retro.  Others charge up to 33 percent.