SPO

I did it myself. DAV had been pretty useless in my appeal.

I did submit on a21-4138. I’m pretty sure mine was done at a DROC (decision review operations center), not a regular RO, since it was part of an appeal decision.

So I rolled the dice and went with and HLR.  10 days after submitting, I show retro payment in my payment history and the correct effective date on my benefit summary letter.   This brings me to a close with my VA claims.  100% P&T with the correct effective date.  Thanks to everyone on here!  Your advice and personal experiences have been invaluable.  I hope someone else can take these experience and posts to reach their VA goal as well.  THANK YOU ALL!

So I'm taking my chances and going HLR with this statement.
In the 11/30/2021 ratings decision I was assigned a 0% rating from 11/16/2018 to 07/07/2020 for all the items listed on on the
VA form 20-0996 (dated 2/09/2022). The effective date of 07/07/2020 for the all of these evaluations should be adjusted
11/16/2018. This is based on the previous application of CFR § 3.25(h)(1) in my supplemental claim decision, dated
07/31/2020. In this decision (07/31/2020) the effective date for the 2 items that were granted (Psoriatic arthritis of the back at
20%, and Psoriatic arthritis of the hip at 10%) were assigned an effective date at those percentages from 11/16/2018. It is
noted in the 07/31/2020 decision that this date is awarded because the claim has be continuously pursued in accordance
with CFR § 3.25(h)(1). This claim still falls under this regulation because I filed an appeal within 1 year of this decision.
The ratings decision dated 11/30/2021 used the same C&P exam, dated 07/07/2020, information as the supplemental claim
(07/31/2020) to justify the ratings percentages assigned, but assigned different effective dates. In addition, a 0% rating from
11/16/2018 to 07/07/2020 cannot be justified if it is based on the results the initial C&P, dated 04/19/2019, because it was
inadequate. The reasoning for this is explained in a statement I filed as part of the supplemental claim. Since the initial
exam was inadequate, the VA did not meet its duty to assist in providing a thorough and complete medical exam to evaluate
the severity of my conditions until 07/07/2020. Therefore any previous C&P exam should not be used to attempt to justify a
lower rating percentage or effective date.
In all the VA inequitably and inconsistently applied the regulations concerning assignment of effective dates and this
negatively impacted my overall rating, financial situation, and effective date of my permanent and total designation, thus
affecting availability of other benefits I should have had access to.

As of today, my appeal was officially closed.  Overall I won.  I was granted 100% P&T, even after some additional exams.  However they effective date only went back to July 2020 (date of my last c&p),  I originally submitted in November 2018.  So missing close to 2 years of pay.   The supplemental claim which this appeal was based on did grant me a couple items, which were dated all the way back to November 2018.   That decision stated this was because the claim was continuously pursued. My appeal was filed less than a month after the supplemental decision, so in a timely manner. This appeal implementation decision did not use that logic and decided the date of the c&p was the first time they had evidence (I was given 0% rating from November 2018 to July 2020 on most items).  Now the question is do I HLR and try to argue they used 2 different methods to determine effective date based on the same evidence, or take it right back to the board?  one guy at DAV said take it to the board so they don’t mess with anything else, but I’m not sure if there is any truth in that.

So I rolled the dice and went with and HLR.  10 days after submitting, I show retro payment in my payment history and the correct effective date on my benefit summary letter.   This brings me to a close with my VA claims.  100% P&T with the correct effective date.  Thanks to everyone on here!  Your advice and personal experiences have been invaluable.  I hope someone else can take these experience and posts to reach their VA goal as well.  THANK YOU ALL!

So I rolled the dice and went with and HLR.  10 days after submitting, I show retro payment in my payment history and the correct effective date on my benefit summary letter.   This brings me to a close with my VA claims.  100% P&T with the correct effective date.  Thanks to everyone on here!  Your advice and personal experiences have been invaluable.  I hope someone else can take these experience and posts to reach their VA goal as well.  THANK YOU ALL!

So I rolled the dice and went with and HLR.  10 days after submitting, I show retro payment in my payment history and the correct effective date on my benefit summary letter.   This brings me to a close with my VA claims.  100% P&T with the correct effective date.  Thanks to everyone on here!  Your advice and personal experiences have been invaluable.  I hope someone else can take these experience and posts to reach their VA goal as well.  THANK YOU ALL!

As of today, my appeal was officially closed.  Overall I won.  I was granted 100% P&T, even after some additional exams.  However they effective date only went back to July 2020 (date of my last c&p),  I originally submitted in November 2018.  So missing close to 2 years of pay.   The supplemental claim which this appeal was based on did grant me a couple items, which were dated all the way back to November 2018.   That decision stated this was because the claim was continuously pursued. My appeal was filed less than a month after the supplemental decision, so in a timely manner. This appeal implementation decision did not use that logic and decided the date of the c&p was the first time they had evidence (I was given 0% rating from November 2018 to July 2020 on most items).  Now the question is do I HLR and try to argue they used 2 different methods to determine effective date based on the same evidence, or take it right back to the board?  one guy at DAV said take it to the board so they don’t mess with anything else, but I’m not sure if there is any truth in that.

This is out of the M-21 for effective dates.  My take is that the VA has to establish for sure that I didn't meet the criteria for that rating at the date of receipt in order to not use it as the effective date.  The did give me a C&P shortly after the date of receipt, which I disputed in the supplemental claim because she ignored diagnosis paperwork and didn't use a goniometer, and didn't even look at all my claimed joints.  I'm assuming they are using this exam to say I didn't rate above 0% from the start.   Looking for the best argument to get them to overturn. When applying the general rule, the assignment of an effective date based on date entitlement arose being later than the date of receipt of the claim is only appropriate when the evidence clearly establishes that the entitling criteria were not met as of the date of receipt of the claim.    Also, here is a copy and paste out of my supplemental decision for why they went back to the date filed for one of the items I was granted at that time.  In my eyes, this mean the VA acknowledged that they could not use date entitlement arose instead of date filed, and they regulation should have been applied in the same manner for subsequent decisions using the same evidence. "An evaluation of 20 percent is assigned from November 16, 2018, which is the date we received
your intent to file prior to receipt of the initial claim regarding this condition. Per VA
regulations, the effective date will be fixed in accordance with the date of receipt of the initial
claim or date entitlement arose, whichever is later, if a claimant continuously pursues an issue by
timely filing in succession any of the available review options within one year of the issuance of
the decision. (38 CFR 3.2500) When a claim of service connection is received more than one
year after discharge from active duty, the effective date is either the date VA received the intent
to file (if the claim is received within 1 year of the intent to file), or the date VA received the
claim. (38 CFR 3.155, 38 CFR 3.400) Since this issue/claim has been continuously pursued, an
effective date of November 16, 2018 is warranted."

Sorry I haven’t updated my profile.  I’m at 100% as of the partial grant that was issued.  Effective date of 7/2020, but the initial claim was filed 11/2018.

That's where the VA and I digress. VA likes to throw anything and everything associated with a disease into the same basket. The actual language, as parsed in numerous CAVC cases, is the unique language used in §3.350(f)(3) and (4)-
-  must be separate and distinct and involve different anatomical segments or bodily systems.
Based on this, and all the cases I've won citing to this interpretation of the language in the regulation, psoriasis is rated under §4.118. Arthritis is rated under Musculoskeletal (§4.71a) between DC 5002-5010. As such, they are two separate and distinct disease processes/ bodily systems. This is what  I always argue at bar.
With that said, look at DM II or Parkinson's. VA tends to lump everything together. DM II gets PN and DR (diabetic retinopathy) thrown in on top. Sometimes even renal deficits. I've won L using that argument. Parkinson's gets the same full meal deal treatment with all the extremity deficits combined with facial muscle sag, trouble swallowing, etc. I've won using this argument too.  
What VA does with the SMC S will in large part control what happens some time in the future with an a&a rating. VA will definitely argue the psoriatic arthritis is secondary to the psoriasis under §3.310- which it is. But, for rating purposes under §4.25(b), they are separate and distinct and involve different bodily systems. 
Trust me when I say someone will come along and disagree with me on this subject but my experience is based on actual hands-on litigation for clients-not speculation and conjecture about what VA might or might not do. SMC is very difficult to fathom. My advice is to stress that the two diseases are not one. 
Best of luck, sir.

Add insult to injury.  I emailed DAV and explained my concerns and their response was a 1 sentence email saying just go to the exams.  If you live in Maryland, find a different VSO, they are awful.

Happy day!  Ebenefits and my letters updated to 100% P&T.   Effective date only went back to my last c&p in July 2020 not my original date November 2018, even though it was continuously pursued.  The supplemental claim I appealed did go back to 2018 for the items I was granted back then. Fight still isn’t done, but at least over the biggest hump.

Looks like BVA updated the metrics again today.  An AMA hearing appeal is now 547 day (vs the previous 457). And the legacy appeal date has gone backward to august 2019.

I’m in the hearing docket.  If the metrics hold true for me they should be done at the around the end of this month.  Mine says being reviewed by a judge, already has the hearing 

Hey everyone,  I called the VA earlier today to sort out a question.  I got ahold of probably the most helpful VA employee ever.  He gave me a solid tip for when you need more information about your status than their usual scripted answers.  If after their scripted status answer they don't provide any extra useful information,  ask them to check the program "Case Flow".  According to the rep this is where all the detailed status and notes are kept.  He also said if you ask them to look, they are supposed to, including what is written in the notes.  This is how I have found out exactly what people have been up to in my appeal.  Hope this helps,  just having a real idea what the VA is actual doing relieves some of the stress that comes along with dealing with the VA.  
-After searching about this system, it seems this is only for appeals, and came about as part of AMA.

Hey everyone,  I called the VA earlier today to sort out a question.  I got ahold of probably the most helpful VA employee ever.  He gave me a solid tip for when you need more information about your status than their usual scripted answers.  If after their scripted status answer they don't provide any extra useful information,  ask them to check the program "Case Flow".  According to the rep this is where all the detailed status and notes are kept.  He also said if you ask them to look, they are supposed to, including what is written in the notes.  This is how I have found out exactly what people have been up to in my appeal.  Hope this helps,  just having a real idea what the VA is actual doing relieves some of the stress that comes along with dealing with the VA.  
-After searching about this system, it seems this is only for appeals, and came about as part of AMA.

Hey everyone,  I called the VA earlier today to sort out a question.  I got ahold of probably the most helpful VA employee ever.  He gave me a solid tip for when you need more information about your status than their usual scripted answers.  If after their scripted status answer they don't provide any extra useful information,  ask them to check the program "Case Flow".  According to the rep this is where all the detailed status and notes are kept.  He also said if you ask them to look, they are supposed to, including what is written in the notes.  This is how I have found out exactly what people have been up to in my appeal.  Hope this helps,  just having a real idea what the VA is actual doing relieves some of the stress that comes along with dealing with the VA.  
-After searching about this system, it seems this is only for appeals, and came about as part of AMA.

Hey everyone,  I called the VA earlier today to sort out a question.  I got ahold of probably the most helpful VA employee ever.  He gave me a solid tip for when you need more information about your status than their usual scripted answers.  If after their scripted status answer they don't provide any extra useful information,  ask them to check the program "Case Flow".  According to the rep this is where all the detailed status and notes are kept.  He also said if you ask them to look, they are supposed to, including what is written in the notes.  This is how I have found out exactly what people have been up to in my appeal.  Hope this helps,  just having a real idea what the VA is actual doing relieves some of the stress that comes along with dealing with the VA.  
-After searching about this system, it seems this is only for appeals, and came about as part of AMA.

Hey everyone,  I called the VA earlier today to sort out a question.  I got ahold of probably the most helpful VA employee ever.  He gave me a solid tip for when you need more information about your status than their usual scripted answers.  If after their scripted status answer they don't provide any extra useful information,  ask them to check the program "Case Flow".  According to the rep this is where all the detailed status and notes are kept.  He also said if you ask them to look, they are supposed to, including what is written in the notes.  This is how I have found out exactly what people have been up to in my appeal.  Hope this helps,  just having a real idea what the VA is actual doing relieves some of the stress that comes along with dealing with the VA.  
-After searching about this system, it seems this is only for appeals, and came about as part of AMA.

It appears I’m stuck with my bad Apple.  No other VSO will take over since the appeal is already underway.

Love the inconsistency.  4.59 says objective evidence of painful motion should be rated at the minimum compensable level. Digging deeper into m.21 (sorry I don’t remember the exact reference) once X-ray evidence is confirmed, subjective evidence of painful motion such as lay statements are acceptable.  I know the rules vary between inflammatory arthritis and degenerative. My case is inflammatory. I think degenerative must be confirmed by X-ray while inflammatory can be granted by objective painful motion alone due to the fact the don’t always show in xrays.  Wonder if this was part of your issue hamslice.

Hey folks, just wanted to share some info.  I was waiting for a hearing and got some info from DAV.  If you want a virtual hearing you must call your representative and ask for it, if va.gov says video conference it won’t be scheduled until the DAV/va offices re-open.  I called and my DAV rep contacted the hearing coordinator and within a couple hours I was scheduled for a hearing in May. I sent my NOD in August 2020.  I don’t know of this applies to legacy appeals.

Had my C&P this morning.  The examiner seemed to be somewhat knowledgeable on the condition and said she didn't understand why I wasn't service connected in the first place.  She said she knows that it causes pain in a lot of joint and that she was going to give an opinion that all my joints are service connected.  However, actual physical exam left a lot to be desired.   Pushed my through on range of motion a couple times and I'm totally unsure how this will play out as far as rating percentages are concerned.  She did say she knows these conditions don't cause actual range of motion loss in most cases.  So hopefully she notes a least painful motion so I don't end up with a 0% and have to keep fighting.