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add55p

First Class Petty Officer
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Everything posted by add55p

  1. Hello All, In 2015, I was awarded a 40 percent rating with an effective date of April 2010. At the time of the April 2010 effective date, my dependent child was above the age to be claimed for compensation. After a long battle for an earlier effective date, the Department of Veterans Affairs granted me an affective date back to February 1999. February 1999, my dependent child met the age requirement to be added for compensation purposes. Within 30 days of receiving the earlier effective date (1999) award, I submitted a request to be compensated for the past period that my dependent child was eligible. Within one month, the claim went to notification and then returned to under review. It has since been closed as of July 22, 2021 . On Ebenefits, in the DEPENDENTS Section, it now shows a tab that says "show dependents not on Award". When I click on it, the following message appears; "You are not currently receiving additional benefits for the dependents shown below". My dependent child that I submitted the claim for name and birthdate are shown below that message. Can someone tell me what this VA communication could possibly mean concerning the outcome of my dependent claim. The decision letter is on the way, per va.gov claim status. Thank you in advance. Add
  2. Hello All, My initial 30% disability rating was awarded after my child`s 23rd Birthday. I was recently awarded an earlier effective date for the 30% disability rating that spans back to the date when my child was eligible to be claimed as a dependent for compensation purposes. Question 1. Can I claim retroactive dependent benefits for the earlier effective dates that my child was eligible (under age 23). Question 2. How do I apply for retroactive dependent benefits. Thanks, Add
  3. Hello all, 1. If BVA awards a claim effective date back to the original date of claim based on 3.156 (c) (newly associated service treatment records), would the original claim be considered a pending claim until the BVA´s new decision, since it did go all the way back to the original claim? 2. If a secondary condition was initially awarded the same effective date as the primary condition (before the appeal award for an earlier effective date based on 3.156 (c)), will the recent BVA EED award also allow for an earlier effective date for the secondary condition? Summary: 1. initial claim for shoulder condition denied, I did not appeal and it became final. 2. Submitted claim to reopen and granted service connection shoulder condition and rotator cuff as secondary based on VA C&P examination (I never submitted a claim for the secondary condition). VA assigned the date to reopen as the effective dates for both the primary and secondary conditions. I am still waiting for the BVA and the RO decision letters, and would like to gather as much information as possible to determine if I should submit an appeal for an earlier effective date for the secondary condition. Thank you.. Add
  4. GNArmy And Broncovet, Thank you both for your replies and inforamtion. Add
  5. GBArmy, Can this also mean that if the initial decision that awarded 30 percent with an effective date of May 2015 and VA later awards an appeal for an earlier effective date of May 2012 that the Veteran will be given back pay for the 30 percent evaluation from May 2012 thru April 2015? Add
  6. Hello All, Can someone explain what the following statement means? "For the purpose of authorizing benefits, the rating or other adjudicative decision which constitutes a reversal or revision of a prior decision on the grounds of clear and unmistakable error has the same effect as if the corrected decision had been made on the date of the reversed decision." Thanks, Add
  7. Does the BVA Staff sometime contact the Regional office to discuss a forthcoming decision or to get the RO input before making a final Board decision? Add
  8. Buck52, My appeal is at the Board of Veterans Appeal (BVA). I do not have a supplemental claim that needs to be reviewed by a senior DRO. It appears by the Grant noted on the ISSUES tab, that the BVA Judge has made a decision 2 months ago. Your idea that they may be trying to figure out the secondary condition of the earlier effective date may be the delay. Or as you also indicated, there may be a large amount of retro involved as well. I thought at least after two months of being granted, a BVA decision letter would have been sent out. I understand that it will be held up at the RO. Thanks for the response and information. Add
  9. Hello, va.gov has shown my "ISSUES" as closed and Granted for just over 2 months. However, the "status" a Judge is reviewing your claim has not changed. Can someone give me an idea why "the judge is reviewing your claim" is taking so long to update? Is there a reason why it is taking so long to change? Thank you.. Add
  10. Broncovet, The first medical diagnosis date of the secondary condition reported to VA is 2010. The first diagnosis note for the primary condition is 1987. Would an award granted based on 3.156 (c) make a difference. Add
  11. Bronco, I applied for the secondary condition same time and was awarded both, the primary shoulder condition and secondary condition at the same time. They both were awarded the same time with the exact effective date. Add
  12. Broncovet, The secondary condition was revealed during the C&P examination for the shoulder condition. The C&P showed the secondary condition and the primary condition more than 2 years prior to me filing the claim. They both were long term condition. Add
  13. Me again, Is the Granted status on the va.gov ISSUES TAB inserted prior to the Judge approving/signing the appeal? The reason I am asking is because, I was informed that my appeal decision was being written up for the Judges review and signature. va.gov STATUS show "your appeal is being reviewed by a Veterans Law Judge" and the ISSUES TAB shows "Granted". I understand that maybe noone actually knows, but, can anyone give me a clue as to what may be happening during this phase of the process. Thank you.. Add
  14. Hello All, If a secondary condition was awarded on the same original effective date of the primary condition, would the secondary condition also receive an earlier effective date, if one is award for the primary condition. Example: Initially awarded shoulder rating as the primary condition and rotator cuff as the secondary condition with the same effective date (2012). And in 2021 BVA granted a revision of the 2012 rating decision for an earlier effective date. Will the secondary condition also receive the earlier effective date? Thank you.. Add
  15. Hello Hamslice. you will have to have a va.gov account in order to access the "Issues" tab. Sign on to va.gov. next click on check(view) claims and appeals. after the screen opens and you have a pending appeall, you will see a "STATUS" and next to it will be the "ISSUES" tab. Hope this helps. Add
  16. Hello All, My va.gov status. When I click on the ISSUES TAB, the status is Closed, Granted (in green letters), left shoulder. The ISSUE TAB Status recently changed. However, the statement A judge is reviewing your claim has been reported since February and still there. Question: Has anyone received such a grant status in the ISSUES TAB prior to the Judge decision and it ultimately proven to be correct? I hope to here from someone that has experience this situation. Thanks in advance. Add
  17. Bronchovet, Sorry, Please understand that I am asking questions not only for myself, but for a few veerans that have questions but do not have internet access.. The particular question regarding CUE consumed by appeal was for knee condition. The example that you give is right on point. "YOu may be able to file an appeal on this, if the appeal decision does not address this issue. 38 CFR 3.103 says you are entitled to a written decision:". The cue claim was not mentioned in the DRO decision. Statement of the case ws sent to the veteran with a VA 9. Should he submit the unestablished CUE claim as an appeal in the newly eceived VA form 9? Add
  18. Anyone, I recently submitted a CUE claim for 2 finally closed claims. At the same time, I had an appeal for a claim that was submitted years later for the same condition. VA has informed me that the CUE claim was opened in error and was subsumed by the appeal process. However, there is no mention of the CUE claim in the statement of the case that I recently received. VA has informed me that I now have to file the CUE along with the Va form 9 appeal because the appeal process for that condition is still open. I always thought that a CUE was separate from an appeal.. any feedback or your thoughts would be greatly appreciated. Thanks.. Add
  19. Gaston, I will take the letter to the Military Base as you suggest. Thank you.. Add.
  20. Received commissary letter and 1172 application, my ID card information has not been sent to DEERS or local ID card section database. ID card section Rep informed me that VA has to input the ID card authorization into the system before they can process an ID card application for me. Can someone give me some idea as to what might be the problem or delay in VA inputting the ID card authorizaztion into the system. Does the pay authorization have to be finalized before the ID card is authorized? Just a thought. Thanks
  21. Pwrslm, Yes, I received an increase and the appeal closed out of pending disabilities and disabilities rated adjused up, but ebenefits still shows the number of open appeals to be 2, when in fact they were awarded. I am thinking that maybe the award has not gone through all of the approving officials, and until that process is complete the 2 appeals will not be removed. Also, another strange thing is that despite me seeing the increase, there is nothing in ebenefits that states a notice of the decision has been sent. That area in the "UPDATE" column is blank.. Add
  22. Hello, Can someone expalin why Ebenefits is still showing 3 open appeals when those appeals have been completed and no longer showing in the "Pending Disabilities" section? The rating in Ebenefits has changed, but no pay information has been noted in bank account or Ebenefits pay history. Any ideas! Thanks.. Add
  23. Bertha No, I no longer have a VSO. The Veteran Service Organisation that I had only held up my claim for years. The told me, after I had already waited two and a half years for an DRO decision, that it would be another one to two year wait. Only after I dropped them and started communicated directly with the VA did my claim began to move and was subsequently awarded by the Board. Unfortunately, while VSOs may be helpful to some veterans, my experience was a bad one. As for the alleged decision, there are related documents in the claims folder to show that the claim was still being processed and developed after long after the alleged deccision. When I requested a rating decision on the open claim, VA treated it as a claim to reopen based on new wnd material evidence, rather than adjudicating the open claim. Add
  24. Bertha, The cue is for a reported decision that could not have been made. I found out about the alleged decision after requesting a rating evaluation for an old pending claim. The date the the VA stated that a decision was made, was on 13 days into the 60 days allowed to submit evidence. In addition, I continuously received ongoing claim development correspondence from the AOJ for at least 3 years after the alleged decision date. I found out about the alleged claim after requesting that It be rated for a decision a few years after being promised that a decision would be forth coming, but I never received. Instead of the new AOJ using all of my past evidence submitted to support the initial claim to readjudicate it on the merits, they treated it as a claimed to reopen and used the alleged bogus claim to state I needed new and material evidence to open it. The newly assigned AOJ did not mention any of the development correspondence that I continued to received for the unajudicated claim that they somehow say a decision was made months earlier. I still have not been able to get a copy of that particular alleged decision. I subsequently won the appeal for the reopened claimed at the BVA and now have a couple of rating increase appeals opened. As I stated earlier, I had a CUE open for the above reason, but it has been closed with no indication that a decision notice has been sent. Add
  25. Bertha Thank you for your input. Was your cue claim consolidated with an appeal, as I think mine was. This particular CUE closed about a month ago and there is no information noted any where that a decision notice was sent. I have a pending appeals open for the same condition at the Regional Office. That is why I am thinking that the VA consolidated this claim with the appeals. It would have been nice for them to send me some sort of correspondence explaining what happened. I sent an iris a couple of weeks ago in the ask a question section in EBENEFITS and have not yet received a response. I stayed on hold for Peggy almost an hour before giving up. The music is still playing in my head!! Add
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