IU paid back to 2008 after positive RO review?

[allansc2005]

OK, to make this simple and straight to the point, let me say that this post concerns a veteran I'm helping out, and NOT me.

Back in 2008, Fuzz Nuts(his Drill Sgt nicknamed him that), was denied a claim for IU, and his then attorney filed to have the case reviewed, among a few other claims.

Last month, Fuzz Nuts had a formal Review Officer's hearing, and this morning the American Legion called him to let him know that his IU was APPROVED, however the AL didn't know if the approval meant it was approved from 2008, or approved from last month.

It's my understanding that Fuzz Nuts didn't file a NOD back in 2008 concerning the denial, but only filed for a review. So, here's my questions.

 

1. Does the request for a review back in 2008 have the same "weight" as a NOD?

2. Will Fuzz Nuts be paid from 2008, or paid from last month when the positive review decision was made?

 

As a footnote, it's my understanding that Fuzz Nuts was also awarded disability for the other claims as well, but is mostly concerned with the IU.

 

Thanks,

 

2-2-0 HUAH!

 

[Gastone]

What was the outcome of the Attorney filed review back in 08? Some important claims info seems to be missing.

Do you have copies of his claims and Denials? 9 years for a DRO Hearing, unbelievable, especially if an attorney was involved early on.

His American Legion Rep, what happened to the Attorney, should have the Award Info including effective Date.

One way or the other, an Award Letter will be arriving in the near future. The Retro should hit much sooner.

Semper Fi

[allansc2005]

Gastone, the request for a review was filed by the attorney back in 2008; Fuzz Nuts fired that attorney the following year, so apparently the review request was just "floating" around for awhile until some forgiving VA worker said "UH OH, better act on this.." is my guess.

Fuzz Nuts is a mute, so it's a little hard getting questions answered from him.

He-Fuzz Nuts has all the claims and denials, but that's not really the issue because we already know the date and the reason the IU was denied, and it was denied because the IDIOT former attorney, AKA Rep For Vets, didn't do their job and file all the medical documentation necessary to win the case.

His American Legion rep "doctored" the case up good enough to win the IU, but failed to find out an effective date.

Yes, I know, either wait for that "white envelope", or squeeze the reps gonads to find out an effective date...but hey, this is a good discussion/Q&A for the Forum, now isn't it?

 

Also Gastone, and I know you will ask/suggest, the Ebenefits website has been VERY slow in posting decisions here lately(hell I don't even have my decision from January posted there yet), and besides, it's a little too early to ask Fuzz Nuts to look there for a decision date.

Allan

2-2-0 HUAH!

[Buck52]

allansc2005

I believe he can get it back to 2008  as long as he is still in appeal with the NOD.

 the only reason I know of them not going back to the original 2008 date  would be if he filed to reopen  then that would restart his EED and lose his retro to when he file to reopen  because he would need to submit new and material evidence .

[allansc2005]

Buck, there was no NOD filed in 2008, there was a request for review filed instead concerning the denied IU.

As a footnote, the original request for IU was filed in 2007, but was denied in 2008.

Sorry Gastone, should have included that earlier in my posts.

[Buck52]

Oh ok

Well that kills the deal then  if NO NOD was filed After a year  or even within 14 /16 month maybe had a hallf way chance   but if no NOD was ever filed  then No EED.

Even if a Review was filed  without the NOD  the claim closed and he will need to reopen  and the EED Starts from that date.....

The law provides that a notice of disagreement (NOD) must be filed within one year from the date of mailing of notice of the result of an RO's determination in order to initiate an appeal of the determination. 38 U.S.C.A. § 7105(a), (b)(1) (West 1991). If no NOD is filed within the prescribed period, the determination becomes final. 38 U.S.C.A. § 7105(c). As the veteran in this case did not file an NOD with the RO's in the 2008 determination, that determination is final. Id.; 38 C.F.R. §§ 20.302, 20.1103 (1998).

Veterans should always remember to file that NOD  it saves your EED. and Headaches.

 Please Note:

This is just my humble opinion, you might ask him to seek a good experienced  VA Law Attorney & get the Attorney opinion on this?..I hate to see any veteran get beat out of what he is truly owed.

Edited April 2, 2017 by Buck52