Atlcocky

Good morning Vync, My case was mainly based on a pending unadjudicated claim. Truthfully, all the information was in the file since 1996. I asked, in writing and in front of the BVA, for the claim to be adjudicated for all of these years. Once the case went to the CAVC, I hired a lawyer to finish the case. He was excellent! It still took back and forth from the BVA to CAVC twice before they finally ran out of reasons to say no.

Good morning Vync, My case was mainly based on a pending unadjudicated claim. Truthfully, all the information was in the file since 1996. I asked, in writing and in front of the BVA, for the claim to be adjudicated for all of these years. Once the case went to the CAVC, I hired a lawyer to finish the case. He was excellent! It still took back and forth from the BVA to CAVC twice before they finally ran out of reasons to say no.

Tbird, Good mornng and thank you.

Hello all, Thank you all for the input on the case. I was recently approved with the correct EED. Of course, they have made some errors with the calculation of backpay. I will research to see if I can get a better idea but, I believe they have made a 5 figure error. I post in a separate thread but I am looking for historical pay charts from 1995-1999. The VA's website only goes back to 1999. I have also seen TBird post a chart but it did not have the rates with dependents. Thank you all again. Keep pursuing what you are entitled to!

Hello Hadit community, I am looking for and have been unable to find the pay chart from 1995-1998. The VA's site goes back to 1999 but no further. I have seen the chart that TBird has posted but it doesn't show the dependent's rates. If anyone knows the links on the VA site or some other site with this info, it will help me calculate my backpay award better. I got a large award but as several people have indicated, the VA may still be 5 figures off. I thank you all in advance. Atlcocky

This is the BVA's response to the remand.

Because this is for an EED, exams won't come into play. It was remanded because they failed to apply or acknowledge a law. There response was, even if the law applied or even if he had an informal claim, the claim is denied because of some reason that they never used before. Does this seem right? Again, it seems like they were told by the CAVC to look at the law concerning informal claims and they went beyond just looking at that.

Ok. Thank you all for your help.

So Bronco, There was nothing new added. It was the same file they had before the remand. Their response to the remand was a denial for some completely different reason.

Thank you all for answering. Here is the wording from the CAVC remand. Selfishly, I like Mr CUE's answer better because that what I want to believe. However, I know the hamster wheel very well.

Hello all, My claim for EFD was denied at the BVA level and then appeal to the CAVC. The CAVC, under a joint motion, remanded it back to the BVA. The BVA then denied again for a reason that was not in the file and something that we have not seen before. (I will upload the BVA denial letter tomorrow.) So, the question is can the BVA deny, deny, deny and then when the file comes back on remand, deny for a completely different reason than what they were ask to look at on the remand? By the way, the reason for the latest denial ahs NEVER been mentioned before. Thank you.

Ok Bronco. I understand. I believe that I can write it up in a consise, detail manner that will explain why I believe the date to be incorrectly decided. I will use what you gave me as a road map and then maybe find a nova attorney to look over what I have already completed. Do we have a good resource on hadit to find attorneys in the Atlanta area?

Hey Bronco, Thanks as always. Initially, I believe the section discussing I formal/I referred claims will be the correct route for me (more research to follow). It does concern me how this decision: [But see Deshotel v. Nicholson, 457 F.3d 1258But see Deshotel v. Nicholson, 457 F.3d 1258(Fed. Cir. (Fed. Cir. 2006) (Where vet files more than 1 claim with the RO at 2006) (Where vet files more than 1 claim with the RO at the same time, and the ROthe same time, and the RO’’s decision acts favorably or s decision acts favorably or unfavorably on one of the claims but fails to specifically unfavorably on one of the claims but fails to specifically address the other claim, the second claim is deemed address the other claim, the second claim is deemed denied, and the appeal period begins to run). denied, and the appeal period begins] could mess the whole process up. It this rule is correct, filiing a claim with multiple issues can be detrimental because it seems to say once a decision was made on some of the issues, then the rest are 'deemed denied'. Is that what this decision is saying?

Hello all again. My C-file should be hear this week. I will go thru it with a fine tooth comb to find and verify that there is evidence in the file to indicate that I requested adjudication (official and unofficial) on my nerve issue as far back as 1996 (since service connected, May 2017) and two, the VA did not adjudicate the claim and it is still pending. I believe I have a firm understanding of the Adjudicated and/or pending claim doctrine's. However, I am looking for opinion from you all as to whether or not I should find an attorney to handle this or should I write it up myself and give it to an attorney if the appeal is denied. I write fairly well concerning claims and appeals, but because this could be a 5/6 figure back pay claim, I don't want to screw it up to where it can't be fixed. I know it is will not happen quickly, but I would like to have it written up very well and do it the right way. Questions are: 1. Should I give a complete write up when I send in the NOD about the EED? 2. If not, what should be included with the NOD, other than, 'I would like to appeal....'? 3. If so, are there any downside to the complete write up? ie, if I don't include something, can I add it later? Am I penalized if something is not included in the initial filing of the NOD? 4. In the write up of the NOD, how much detail should I go into about the appeal? ie, should I trace it from the beginning to include all my submissions and what the VA responded with in their correspondence back to me? or just show them the dates when the claim was both unofficially and officially claimed. Long post here, I'm sorry. I am hoping to start the process next week or start looking for an attorney. By the way, How much do attorney's usually charge for something like this? Thank you all

Berta, Thank you as always. I will review and start preparing. Atlcocky

Hello All, I am trying to get information about appealing a decision from the VA to make me pay about $3100 back pay. My son started receiving DEA benefits in Aug '17. The VA just sent me a notice that they have overpaid me since that time because you can't receive both DEA benefits and be payed as a dependent. I have 60 days to appeal the the notice of back pay owed to the VA. I'm ok with the reduction of the dependent portion since it is much less than the DEA amount. I don't think its fair for them to want the back pay when I didn't do anything wrong. Has anyone successfully have this overturned or at least not have to make the back payment?

When I separated, I submitted my original claim where I asked for a rating for my neck, back and left shoulder. Since that time, on at least one SSOC, we requested that the VA adjudicate the nerve claim. They rated me for a shoulder condition but ignored the nerve condition requested. I have documented evidence of a nerve issue date prior to my separation and since then. It is in my VA medical records and in private medical records submitted to the VA. Here is the initial write up that have been working on to submit of form 21-4138: I am a honorably discharged veteran. I have an Unadjudicated Claim Radiculopathy/Nerve Damage) that has not been acted on by previous Regional offices (Atlanta [1996], Montgomery [1996-99], Louisville [1999-2003] and Atlanta [2003-present]), the Appeals Management Center and the Board of Veterans Appeals. This claim originated prior to my separation from the USAF and continues through today. Some of the highlights of this claim are as follows (complete chronology will be included): 1) January 27, 1989 – Paravertebral trigger pt t12 level, bilateral (Military Service Records) 2) September 14, 1990 – Cervical injury in Auto accident (Military Service Records) 3) 1995 – Several reports of Radiculopathy (Physical Therapy and office notes) 4) September 2, 1997 – First report after separation from USAF (HealthSouth) 5) October 24, 2000 – VA Compensation report and Supplemental Statement of Case 6) April 17, 2003 – Numbness and tingling (Requested Adjudication for this on VA Form 646-Statement of Accredited Representative in Appeal -Page 2, Para 3) 7) April 30, 2004 – Numbness and Tingling (Letter to AMC. Specifically requested Adjudication) Nov 5, 2005 – Numbness and tingling (Letter dated Nov 8, 2005, requesting adjudication of the claim) 9) Jan 30, 2006 – American Legion Written Brief Presentation to BVA on my behalf. It is law that the veteran is requesting the maximum benefit to include adjudication of unclaimed disability. It states that the issue cannot be ignored. Complicating this Unadjudicated Claim for Radiculopathy is the fact that it is inextricably intertwined with a Spinal issue. I was denied disability for both Cervical Strain and Back Condition as “Not Service Connected, Not incurred/Caused by Service”. Because the Nerve issues were totally and completely ignored in the initial VA exam (No spinal xrays, EMG or any test/discussion about the nerve damage), this very likely led to the denial of my claim. I believe if this Radiculopathy claim had been adjudicated from the start, I would have also been service connected for the Cervical Strain. Based on clear evidence that I suffered a neck (cervical) injury while I was on active duty (1990) and a long history of numbness and tingling (Radiculopathy) in my arms and fingers, I believe I should be Service Connected for Bi-lateral Cervical Radiculopathy (Neuralgia – Code 8716 Ulnar Nerve and/or Code 8712 Lower Radial Group) and Code 5237: Lumbosacral or cervical strain and/or Code 5238: Spinal stenosis—the spinal column narrows and presses on the spinal cord or nerves. My evidence will show the gradual degradation of my condition. My request: A full adjudication of my claim for Nerve Damage/Radiculopathy in my arms, hand and fingers that has been pending since my original claim for benefits in 1996.

That is so disappointing it's not funny. I never expect anything to happen quick with the VA but hiring an attorney was never a consideration until now.

Ok all. Update concerning my situation on EED...Based previous answers on this thread, ie that there is an order to things concerning EED with the VA. I now have Step 1 and 2 complete (service connection and what I believe to be the correct rating). This leads me to Effective date. It was ordered on the date that I filed, March 2017. To refresh and then ask for help..The American Legion and I have both formally and informally asked the VA to rate my neck, shoulder and nerve issues dating back to 1996 when I separated from the Air Force. I have NOT received any denial, approval or acknowledgment from the VA about this claim at any point. I believe this falls under the 'unadjudicated claim doctrine' which has affected the effective date for this disability. I believe that if the VA would have reviewed/acknowledged the request and sent me to the appropriate doctors, I would had this claim approved years ago. That brings me to the question..How should I approach this issue with the VA when I am claiming that they didn't adjudicate a NOW approved claim and I am looking for an EED for that disability/disabilities? Any help would be greatly appreciated. By the way, I don't know what's in my cfile because they have not sent it yet.

Hey Saxman, Did you back from the board about your EED?

Hello all, Great news on my giant new claim/reopened claim. I was awarded 100% P & T with the effective date of March 2017, date of intent to file. I actually submitted the claim in November 2017. I would like to thank you all for helping me to organize my thoughts and write claims that were easy for the the VA to approved and in very short order. I don't always post, but I always read before I make any moves dealing with the VA. Fortunately, it did remain in the FDC program and I got my award letter in late January or early February. I am in the process of getting a copy of my C-file and then I will have question about EED thru appeal or CUE which ever is appropriate. I was service connected and rated on a 'new' claim that was actually an adjudicated claim that the VA never responded to since 1996. I have another old thread about EED that I will use to get help with this issue. THANK YOU ALL

Unfortunately I saw this after I sent the claim. I hope it doesn't slow down to much. I did file it as a FDC. Thank you for your help.

What's RFD? and STR's?