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  1. I had a reexamination where my percentage was increased but my medical records showed that my condition was deteriorated years before. My effective date was the date of decision. Can I appeal? Should I appeal? How do I do it?
  2. so............... I WON MY CLAIM! sorry i had to get that out one more time. i am now 100% p&t. but my eed is december 2019 instead of the original claim date. i am trying to figure out what i need to do. should i file cue? should i just file a supplemental and ask for correction without cue? should i do something i am not even thinking of that you guys know better? reason i think cue is because in my letter, the judge specially says my original claim was 2013 and dx was 2008. it seems the vro clearly ignored this. also, they didnt even use the latest appeal date. i reopened the original 2008 claim back in 2013, but was denied and appealed multiple times and the last appeal was in 2019. Ill have to go through my c-file to get exact dates but this seems a big miss to me but maybe they are getting me on loop hole here because I didn’t reopen the original claim from 2008 until 2013, after the appeal window had closed. Any help or advice of course. Thanks guys for everything. I couldn’t have gotten here without your wisdom and encouragement! **EDIT TO INCLUDE PREVIOUS DENIALS FOR CONVENIENCE** here is the original denial: here is the the reopened claim denial: Denial for HLR: Denial for first CUE: Law Jude Decision.pdf decision-letter_osa_4-20-21.pdf
  3. I won a remand at CAVC for reconsideration of an earlier effective date back to 1988 due to missing records on a single issue, where the BVA judge agreed and granted it along with service connection. The RO just sent out a decision packet, which I'm still waiting on. What rating percent will they use (I'm at 40% now, the MEB gave me 10% back then in 1988)? How will they calculate retropay (using todays dollars or 80's pay)? Could I get IU (I was given P&T 100% in 2017) back to the new date (my social security record shows I only made above poverty level in 3 out of 30yrs of working)? Thx
  4. Hello, I would really appreciate some guidance on next steps. Please let me know if I forget any useful information. I had 2 items go to the BVA. I had a claim for tenosynovitis of right hand/wrist/forearm which was originally denied connection and the other issue was for scar. The BVA said my tenosynovitis was service connected so that was taken care of. The scar was remanded because of a incomplete c&p exam. Pretty sure when I filed NOD I also said I did not agree with the exam because I complained of scar pain and the examiner never mentioned it at all. So my initial rating for scar was 0%. Like I said I filed NOD after initial 0% assignment. Couple weeks back they gave me another c&p exam like the BVA ordered. This time the examiner actually wrote down that I complained of pain so they rated me at 10%. However they changed my effective date from 2013 to Oct this year because the previous exam didn't mention pain I'm obviously going to appeal this again but what do I say? What's best way to go about it? Second part of question is about VA duty to assist. I had no idea there was a rating possible for hernias. Because of the surgery for tenosynovitis which is service connected and where the scar is which is service connected I have a hernia where muscle bulges through and raises the skin. That hernia has always been there. Should the VA have included that? Any examiner can see it clearly when looking at forearm and my last c&p examiner for scar said she would note it. Can I get that connected with a effective date of 2013 which is when the tenosynovitis is and my original 0% scar was?
  5. Hey all. Back again. I recently filed a supplemental claim for mental health diagnosis less than a month after my initial decision. My initial decision for the mental health claim was other stressor related disorder even though I have had multiple diagnosis of PTSD from personal psychiatrists. I was also rated way lower than I should have been due to the C&P examiner. I was recently approved for a change in the condition from other stressor related disorder to PTSD and increased from 30 to 70%. They changed the effective date of my mental health diagnosis to january 5th of 2021 (when I had my supplemental claims C&P) under the basis that it was the "earliest ascertainable date of diagnosis of PTSD" effectively screwing me out of over 15000 in back pay from the initial effective date of march of 2019. My argument is that the C&P examiner told me that my mental health should have been rated at 70% from the get go. He also said that I should have been awarded PTSD from the get go as it was "clear as day" I have PTSD. To me it makes no sense that they change my effective date of an already rated mental disorder when all they did was change the diagnosis. But they initially DID acknowledge a mental health condition and rate it as of march of 2019 (albeit a different diagnosis). I also filed the supplemental claim way under the time limit to be actively pursuing my claim. Attached is the excerpt of their reasoning. What can I do? I already filed an HLR via fax yesterday. Is there a good chance I can get my effective date restored?
  6. Good afternoon, I needed some advice in regards to my current VA battle for an effective date change. THANK YOU IN ADVANCE Timeline: April 2013: (During Service) I was taken to the emergency room for headaches and nausea where CT scans were taken. This occurred during training on active duty. - ever since then they have only worsened Feb 12 ,2018: Filed Claim for headaches May 4,2018: Claim DENIED for headaches I was unaware of supplemental claims and truly didn't think I had anything to prove the decision was incorrect so years went by. October 20,2020: Opened claim for headaches again (no new evidence, and didnt know a supplemental was needed) However, somehow I was granted a C&P exam. During the C&P exam with a VES Neurologist, he was able to pin point the incident that occurred in 2013 during Active Duty where I was sent to the ER for headaches. He confirmed it was service connected. October 21,2020: Claim closed (denied), The VA closed it and told me that I had to submit a Supplemental since I had already been denied for headaches previously (2018). So I submitted a Supplemental Claim, stating that I would like to have the same C&P report that was most recently done to support my claim for service connection. (Again nothing in my file changed in 2018-2020 in regards to headaches, this VES Neurologist (2020) was able to locate the incident that occurred during my service whereas in 2018 it seemed like they just didn't catch that incident. October 23,2020: Claim for headaches approved 30% (effective 11/1/2020) Nov 6,2020: VA received my HLR for effective date change. My decision letter from 2018 states: "Service connection for headaches is denied since this condition neither occurred in nor was caused by service." October 20,2020 Service connection for headaches. Service connection for headaches has been established as directly related to military service. (38 CFR 3.303, 38 CFR 3.304) The effective date of this grant is October 20, 2020. Service connection has been established from the day VA received your claim. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA received the claim. (38 CFR 3.400) An evaluation of 30 percent is assigned from October 20, 2020. We have assigned a 30 percent evaluation for your headaches based on: - Characteristic prostrating attacks occurring on an average once a month over last several months
  7. I couldnt find an answer in teh archives, maybe i just wasnt wording it correctly. In terms of the 5,10,20 year protections if you were granted... 2010-30% 2015 -50% 2020 - 100% for a disabilty, is the 100 percent an effective date of this year or 2010? is the 30% now under 10 year protection but the 50% only under 5 year protections? or does the whole SC restart its protection dates upon any new change whether increase or reduction?
  8. On 09/25/2013 I submitted a claim for tinnitus. Received a VA letter dated 06/09/2014 informed me that the VA could not find my complete service treatment records could not be located and therefore unavailable for review. all efforts to obtain Has been exhausted based on these facts the VA determined that further attempts to obtain these records would be unsuccessful if these records are received at a later date the decision will be reconsidered. if a different decision results, that decision will be effective the date of this pending claim. (09/25/2013) Well I was denied for tinnitus. So on 06/29/2016 I submitted a new claim For tinnitus Evidence on record Shows they used my service treatment records. Subsequently I was Granted service connection at 10% effective date May 11, 2016. So by them saying that the effective date of this pending claim on September 25, 2013 should they go back to 2013 for my backpay instead of May 11, 2016. Am I reading this right is that correct all answers will be helpful thank you very much
  9. I need some help with my effective date, I applied for Migraine increase on Feb 19, 2019. VA denied it. Recently looked in c-file and the C& P exam results were favorable, it was done at a VA facility by VA doctor neurologist. In the decision letter dated Jun 20, 2019, rater never gave a reason on why the exam results were disregarded. I got an independent medical opinion and filed a supplemental claim on April 10, 2020. Another C&P exam was conducted on june 24, 2020. Va approved the claim and gave an effective date of jun 24, 2020. I believe that I can claim CUE here as the effective date should have been Feb 19 2019 since the claim was continuously pursued and rater never gave a proper explanation of why VA doctor's opinion was disregarded and if it was rated properly, I would have got 100% on May 16, 2019 when I was rated for cervical strain. and my 100% effective4 date would have been May 16, 2019 instead of Jun 24, 2020. Do you think I have a case here? Any help is appreciated and I can send you all the decision letters if you need to look at them.
  10. Hello Everyone! Posting here for the first time! I have been reading this forums for quite some time and gathered ton of information on here and regret using third party services to get my rating pushed upwards but, that is a discussion for another day and probably no point in thinking about it now. Anyways, I would like to get some advise from all the knowledge folks here in terms what my next step should be. First of all, I am currently rated 100% P&T as of June 10, 2020. I have been rated 90% since 2011 Dec. I was never thinking about 100% until recently when I filed for a neck issue which was rated at 30% and then I got another 10% secondary condition based on the neck condition in june 2019. Earlier in feb 2019, I filed for increase for migraines (rated 10% now) and Trapezius strain condition ( rated at 0% now) and the c& p exam conducted by the VA was what appears to me is favorable and the doctor recommended increase ( ordered and looked in my C-file recently which I got it in 10 months after I filed for it) but, surprisingly VA denied the increase in June 2019 saying that even though the condition has been improved they can not determine it to be a sustained improvement and kept the 10% rating. I got some medical opinions and records and filed for a supplemental claim in April 2020 and tried to preserve the effective date of Feb 2019. The supplemetal claim has been approved now and the rating has gine from 10 to 30% and with that change, I am now 100% P&T. I strongly beleive after looking at my c-file, VA should have approved my claim for increased rating for Migraines and should have awarded 100% back in June 2019 with an effective date of feb 2019 especially after the positive c&p for feb 2019 increase claim for migraines. In this case, what do you guys suggest? Higher Level Review or BVA appeal, I am determined to fight this on my own if this has to go to BVA since I believe that I have a strong case especially with positive c& P exam back when I originally claimed the increase. Also, I am planning to file another new claim "Orthostatic Hypotension" which I saw in my c-file, I visited doctor couple of times while I was in active duty and when I originally claimed after getting out of army, I filed it as hypertension and was denied and I never appealed it but, I want to file it as what the doctor described it as "Orthostatic Hypotension disorder", since I am already @ 100%, do you guys think filing another new claim is asking for trouble? I am nervous about it but, I do experience the diziness frequently and want to file for it. Any suggestions or advise here?
  11. This post is in reference to an effective date for Migraine Headaches secondary to a Service-Connected condition. 1. I filed migraine headache claim 2015 or 2016, claim denied. 2. Filed a NOD went to BVA, BVA remanded back to VBA to (Take necessary action to implement the grant of service connection for headaches). 3. VBA assigns 0% rating. 4. I then filed for an increase obtained with an IMO report and DBQ (Thank you, Thank you, Thank you, Dr. Valette!). 5. VA increased Migraine Headaches to 50%, effective date 02/27/2020. My question is, are secondary conditions and their effective dates and appealability, any different than a Service-Connected condition? I'm confused because the BVA made their decision in 2018, the VBA origionally assigned a 0% rating effective 03/11/2014. I do not understand the 02/27/2020 effective date, it seems to be ambiguous and I can't find anything stating why the VBA choose that date... Thanks in advance friends... VA Decision Migraines.pdf
  12. Hi, I am curious and thought I would ask here. I was trying to find out what my effective date is. I reached out to the DAV to find out if they would be going back to 2011 since my initial C&P exam. Here below was there response: 10/20/11, you filed a claim 1/17/12, the VA said you failed to report to exams (FTR) 4/2/12, the VA deferred decisions on your back and GERD 3/11/13, the VA denied the claims because they said you failed to report to exams in 2012 12/31/13, you filed for your back and GERD again 11/27/15, the VA denied the claim THIS IS WHERE IT DROPS 7/14/17 you re-filed and attended exams, that is the date of service connection. If you wouldn’t have had over a year in between these then they could’ve gone back, but as you can see by the screen shot included, there was no activity between 2015 and 2017. Does this make sense the fact that I missed just single one year in 2016 of continuous reapplying that I can't go back to 2011?? I've tried to look all over the place to find something in the VA to support this but haven't found anything.
  13. I received a letter from the BVA dated May 24 , 2018 stating that I had been granted service connection for some issues and a remand for other issues. I am still waiting on an effective date and rating. My question is will the VA implement the grant while waiting on the remand? how long does this process usually take? I was ok while my case was on appeal but since I received my grant I have went crazy. I check e benefits 3 times a day and i cannot stop wondering what my new rating is. How long does this process take? I thought I had won my case but nothing has changed. sooo tired of waiting on the VA. Any info on time would be great or any suggestions to speed this up.
  14. I was awarded 30% service connected for sleep apnea when I left the military in 2008. In 2013, I was directed to and took another sleep study. It was found and the VA agreed that I needed to start using the CPAP. VA reviewed the evidence, agreed, paid for and I have been using the CPAP since 2013. In Sep 2019, during a review of my records, my representative informed me that using the CPAP meant that my SA rating should be 50% versus 30%. I filed an increase claim and was increased to 50% with an effective date of Sep 2019. Shouldn't the effective date be April 2013 when the diagnosis was received and approved? I checked and the 50% rating for using a CPAP was in place in 2013. I wasn't aware of the rating difference at that time, so I didn't file a claim at that time. I'm asking because I'm thinking I may be due some back pay...……….
  15. So I started my "Fully Developed Claim" 02/08/2019 had my VA Comp and Pen Exam 03/18/2019 . My original completion date was 08/05/2019. Then after my Exam 05/03/2019. This is my story I've injured both knees, both feet and back while serving In the Army in 2017. progressively my back gave out on me. Now I'm young 25 years, can't work and didn't know about my options until just recently. Lucky for me I was within my year of separation so I got a VSO to work with me and my claim. Still waiting if it's an approval or denial, however today Ebenefits updated status from "Pending of Decision" to "Pending Decision Approval. With a new estimated date 04/30/2019. What happens next. Will I know I'm approved before notification in the mail?
  16. Hello all, I have an initial claim under review by VA and also a claim under review with the BCMR. There were clear administrative errors that allowed me to be discharged without disability evaluation. Would I have more chance of success for a VA EED, earlier than initial application, if I pursue equitable tolling or should I just pursue equitable relief under 38 USC 503(a), or should I wait for the BCMR decision? My understanding of reading precedent is that tolling may not apply to VA effective dates prescribed by 5110. Would a BCMR ruling granting retroactive IDES processing effectively establish a VA effective date, or would that BCMR date only apply to the DoD disability effective date? Your insight is appreciated. Austin
  17. The issue: I’m on the verge of filing a large VA claim to include migraines, erectile dysfunction, obstructive sleep apnea, and a few other conditions. However, I think I may be eligible for an earlier effective date going back to 2008 for the migraines and ED. I’m hesitant to file for the migraines and ED in this claim because I do not want it to nullify my chance at an earlier effective date. Background (long read, sorry!): After reviewing my C-File, I'm pretty sure VA underrated and possibly clearly and unmistakably erred (CUE) 11 years ago in their decision based on the detailed evidence from their c&p examination. Essentially, the VA decision said that I don't have prostrating migraines because I don't have emergency room or sick call visits. They conceded I have cognition issues from all the concussions and awarded 10% for: “traumatic brain injury with post concussive syndrome (also claimed as migraine headaches)” This was despite having an in service migraine diagnosis (which was in their possession at the time and in my C-File) and the fact that their C&P examiner said that I have “prostrating migraines 4x per week”. Unless I’m mistaken, if the VA had in their possession evidence that would warrant a higher rating of the migraines at time of the decision 11 years ago, they violated 38 CFR 4.6. Additionally, while I did not claim erectile dysfunction, I think this may have been an “inferred claim” seeing as the c&p examiner noted: “Q22. Sexual functioning? A22. Yes, problems with achieving and maintaining erection. The veteran has started to use Levitra, which helps. He mentions he has been taking Celexa, had been discontinued, and has less of sex.” “DIAGNOSIS: Traumatic brain injury with post concussion syndrome and migraine headaches, and erectile dysfunction (with etiology as least as likely as not related to the TBI).” I've heard that the VA stopped honoring claims to re-open so I'm unsure as to the best way to proceed for establishing an earlier effective date for a migraine rating. I also suspect that it's too late for them to honor the special TBI re-processing rules if the exam was not conducted by a neurologist (he was an internal medicine MD). Finally, just to re-iterate, I’m hesitant to file a claim for migraines and ed in this new claim because I don’t want to possibly lose my earlier effective date by doing so. My tentative plan is to include them in the new claim anyway and in a statement ask that the “TBI with PCS (also claimed as migraine headaches) be split into “8045 TBI residuals” and “8100 Migraines” with each condition being rated separately. Then after the decision is rendered, file a supplemental claim with the 2008 c&p exam notes appealing for an effective date to 8/31/2008. If that fails, that’s when I would look toward filing for a CUE. Does this sound like a solid plan of attack?
  18. Hello to all the amazing people who are helping more people than you know, Looking for help with a few questions so here is the short (longer than intended*)rundown...My ETS was Mar2016.. While still active in 2010 was on my Sr year finishing premed degree with 4.0 gpa had to stop going to college when my second kid was born and wife was very ill the following years missed alot of work but always made up for it (i had very supportive chain of command that made alot of my own med issues go unnoticed or possibly pitty..not sure but love them all miss them all) fast forward to 2016 after ets wife is better all the kids in school and with full post911 benefits left why not try to finish my degree, unfortunately over that time my health had greatly deteriorated and school was not so easy anymore, and it wasnt just school but all areas of life had become to much for me(ALL). Without going to far into a long story I was in two major car accidents in 2014-2015 went into a mental breakdown loosing touch with reality on the reg and it wasnt until this year the "Helpful Psych at VA" actually taking her time to talk with me that we found out it was more than just failing in all areas that was making me act like a different person. Turns out that a blow to my head caused alot more damage than I originally thought, and i hope one day my friends and family can see who i once was again. Towards the end of my enlistment I went to see my pcp a few times and to mental health only once very bad communication between me and anybody from that point in my life to today which I still have trouble seeking/getting help especially when i have to wait months for an appointment and speak maybe 2 min max with the dr who never remembers anything and thinks its the first time we have met almost everytime and being a walk in is even more pointless as they really are already overwhelmed with patients already....so frantically rambling to a dr or dav or vso about a number of issues just trying to get the point across with no useful outcome is how I always leave and I constantly not remembering what im talking about by the time I start talking is why I thought it might be good to get on here and write it down...sorry...so va claim background: June 2016: First claim filed (4months after ETS) August 2017: First claim closed rated at 80% 0% for groin > for foot injury> for facial scar> and knees 10% tinnitus 10% Blood Pressure 10% arthritis wrist 20% back issue 30% migraine 30% maxillary <Denial: Dental> No complaints for dental had unbelievable issues with teeth dont know what or why but by this time next year i wont have ANY left. I have had 2 molars pulled in last year less than a month after dental c&p Side note* no dental or med exam when I got out no exit exam at all..whatever the exit medical exam is called to show you are healthy and well ready for civilian transition the clinic scheduled the exam the day my orders ended so Dr said he couldnt legally see me as I was no longer in the military. Last conversation I had on base... <Denial/TREATMENT ONLY: active psychosis/ gw claimed depression, anxiety/stress" (reason: i did not have any evidence or complaints in service but symptoms developing within time limit of leaving service hence treatment only) even though i did go to MH clinic while in service>>>#didnt know the only service records that the VA doesnt get/have access to is mental health! (Found out after calling the MH clinic at my old base with hopes that maybe a past appointment might be in their computer system somewhere...turns out they did have a record of the appointment with the MH Dr notes from the visit! #only one appointment but still #in service treatment record thats good right? **side note after receiving the "Treatment only" decision by VA and visits and advice from the "Helpful Psych at VA" who told me I should have got service connection "at least deppression 2ndry to chronic pains associated with scd's" which i filed for within a yr of the original notification letter. <Denial: hemorrhoids> (had/have but owell) no treatment in service prep h worked fine <Denial: genitourinary condition> #i had a mucosal discharge documented breifly in smr> with Dr visits in service noting possible relation to <Denial: Digestive condition> problems with gallbladder heavily documented in smr which va said existed before service in confusion with an appendectomy prior to entering service. #visits in 2017 to urologist documented discharge havent been back. <sometime between all of the psych visits from 2017 to now i have a history of TBI of what level is still unclear to me> have met with tbi specialist> still have alot appt scheduled with neurologist and neurosurgeons> TBI not rated as of right now... June 2018: file for increase in knee rated 0% and groin 0%, and claim Depression secondary to chronic pains associated with service connected disabilities Beginning of August 2018: Discover missing Mental Health records were available I notified VA of new material evidence to make sure service connection established and to maintain the effective date of original claim (being made available to VA within 1 year of original rating notification). This was done via VA written statement form and uploaded to the supporting documents for the now open claim for depression secondary on ebennies I also called the 1800# to advise VA and statement was taken over phone. I was also told that this would reopen the original claim for deppression. Mid August 2018 receive notification letter now combined rating is 90% : effective date June 2018 Increase Knee granted: 10% Increase Groin granted: 10% Depression secondary basis to chronic pains associated with scd's granted: 50% August continued>> while the claim was still open I met with the VA TBI specialist provided and she provided me with TDIU form since i have not been able to work due to the severity of my mental health conditions along with the form for spousal support which i faxed to claims intake but the claim closed and 90% rating was assigned but along with the tdiu claim I have a new claim opened for increase for depression and migraines which were the two most severe scds which the tdiu form asks to list on the form. The DAV has not contacted me at all throughout the entire claims process that started back in 2016 so I am not sure what I should be doing if anything more to make sure that i get the earliest effective date. I have been unable to get anything done in my day to day life and typing this has taken an entire day for me. Im failing out of school which means I wont get my post911 housing anymore of which ive used almost all of now, my wife has been taking care of me and our kids and i know its beginning to be to much for her to handle, to put iceing on the cake shes 2 month pregnant which i couldnt be happier to have another child but i dont know what im going to do, if anyone does read this long thing any advice is greatly appreciated. Sorry if it doesnt make much sense. Thank you to all of you who are doing great things for for the vets on this website it has been a go to place for me for the past 3 years Much love to my brothers and sisters i miss yall more than you know -c
  19. In anyone's experience in preceding a formal claim submission with an Intent To File notification, does CFR 20.305 (Computation of Time Limit for Filing) rule apply to the Intent To File process timeframe requirements for completed claim award effective date? ------- My scenario: On 8/06/2015 (Thursday) my Intent To File notification was received/logged online by VA via eBenefits. The next month my mother was hospitalised by coma and died at end of month. For several months afterwards, I did nothing with the claim. During July 2016 I completed the claim in eBenefits but could not submit for system errors over 2+ weeks of attempts (as Support Desk advised they only assisted with access to eBenefits and not any problems using it). 1-2 days before Intent To File expiry, I recreated the claim via paper form and was forced to mail it out via USPS the morning of Intent To File expiry. As a result of inquiring with VA personnel at both the regional hospital and attached CBOC, as well as via 800-827-1000, and being informed that VA would adhere to postmark date for preserving Intent To File effective date, I paid an extra fee to guarantee USPS postmark the submittal that morning (Saturday 8/06/2016) and cause issue of postmark verification document. The completed claim form was received by VA on 8/09/2016. After retention of legal representative, VA awarded me benefits for a portion of my claim's conditions (the remainder of the claim being still in Appeal) with effective date of 8/09/2016, the day they received my mailed claim submittal. If Intent To File timeframe requirement is exempt from Rule 305, then, since my mailed claim submittal wasn't received until 3 days past Intent To File expiration, my effective date is correct as presented. If Rule 305's Time Limit Computation directives DO apply to the Intent To File process, then my effective date should be nearly a full year earlier than was presented, to encompass the Intent To File's preserved receipt/initiated date of 8/06/2015. My lawyer, upon a cursory review of the information I just related above, is of the INITIAL opinion that the VA's presentation of effective date is NOT challengable due to the Intent To File process being exempt from Rule 305. This is based partly on the word choice* that frames the Intent To File process description (in at least one place, though not consistently in what documentation** of the process that I have been able to reference). Please ask away if more information is felt necessary, and I will further furnish what I can. * "received within 1 year" ... rather than "filed" or "submitted" (as with Rule 305 employing " filed within a specified period of time") ** https://www.benefits.va.gov/BENEFITS/factsheets/general/ITF.pdf
  20. Not sure if I am posting this in the proper forum, Mods, please move if inappropriate. I was so disgusted by this action, and since I had unequivocal proof, I figured it should be seen by our Top dog ... VA COMMITS FRAUD ON VETERANS DISABILITY CLAIMS - http://proffer.us/va-commits-fraud-on-veterans-disability-claims/
  21. I wanted to know are the effective dates under the rated disabilities on ebenefits what they go by? My reopened claim for PTSD got approved and the effective date says December of 2015. The rest of my reopened claims that were approved say December of 2017. Has this been the case for anyone?
  22. CURRENT STATUS: 100% P/T CLAIM SUBMITTED: 14 JAN 2015 INFORMAL CLAIM SUBMITTED: 26 NOV 2013 INFORMAL CLAIM RECIEVED LETTER DATED: 16 JAN 2014 PROOF of INCORRECT EFFECTIVE DATE IN CLAIM SUBMITTED 14 JAN 2015 1. 21-526EZ LINE 5 - Have you ever filed a claim with the VA? Yes box checked "Informal Claim" handwritten in box 2. 21-526EZ LINE 9 Handwritten inside box: NOTE: Attached is copy of DUA letter dated Jan. 16, 2014 stating I had to submit this formal claim "within one year from the date of this letter" January 16, 2014. I am of the opinion that this submittal meets the requirement to use date of informal claim as the effective date of claim for this submittal. 3. 362/LM - INFORMAL CLAIM RECIEVED LETTER Dated 16 JAN 2014 Title of Letter: "IMPORTANT -- reply needed within 1 year" Relevant Text of letter: a. 'We received your request for VA benefits on November 27, 2013. We consider this request as an informal claim for benefits.' b. "If your completed application is received within one year from the date of this letter, and we decide that you are entitled to VA benefits, we may be able to pay you from the date we received your informal claim." 4. VA FORM 21-4138 STATEMENT IN SUPPORT OF CLAIM Dated: 26 NOV 2013 "INFORMAL CLAIM FOR THE FDC PROGRAM I attend to apply for compensation benefits under the FDC Program. This statement is to preserve my effective date for entitlement to benefits. I am in the process of assembling my claim package for submission" PROBLEM: On 17 APRIL, 2014 I was at the mental clinic at the VA. I was homeless at the time so they sent me to a social worker. The social worker I believe had me fill out a form for an emergency pension. I'm not sure what I filled out exactly-not a very clear time of my life. In my paperwork I have, I see I received another informal claim letter reflective this date of 17 APRIL 2014. QUESTIONS: 1. Could opening a CUE appeal impact my current 100% P/T status? If there is any chance of this I do not want to submit a CUE at all. I just want my effective date reviewed, nothing else. Is that possible or does the whole claim get reviewed? 2. Is there someone I can contact at the VA to see why they decided on the effective date I have right now? Maybe I'm missing something and I didn't follow the rules correctly. Maybe whatever I did on 17 APRIL 2014 impacted my effective date/but even then, wouldn't my effective date be 17 APRIL 2014? 3. In your opinion, do I have a case for CUE? 4. How long does the CUE process take in your best guess? Please include any other advice or information, links that might help me. Side note: It goes without saying, but I would like to say it anyway; thank you so much for making this forum a resource for not only myself, but for all veterans. You guys are truly helping; THANK YOU.
  23. Hello All, Break down of my ratings over the years 2000 - 10% Degenerative Miniscus Bilateral & 10% Tinitus 2007 - Increase for knees from 10% to 20% due to VA mistake of ratings both knees together 2010 - 0% lower back, as a secondary to my knee problems 2011 - 20% lower back increase, due to evidence of range of motion and herniated discs, retroactive to 2010 (Once again VA did not review all the evidence) (40% rated) 2016 - 20% left knee, 20% right knee, 10% left leg sciatica, 10% right leg sciatica I am now 70% rated, still waiting for the SOC to be released (but there are still 6 claims that have not been completed) The letter from the VA states Clear and Unmistakable errors is found in the evaluation of the Degen Arthritis of the Left & Right knee, due to locking, pain and effusion. The retroactive increase of 20% is established on May 1 2013 (Left Knee) and Jun 11, 2013 (Right knee) This is where the first issue is, the right knees date is incorrect as they used the last time I filed for a knee increase claim (denied of course), but the dates are still wrong. The Jun 11, 2013 is when I had surgery on my knee and was 100% rated during that month. The locking, pain and effusion have been stated during every C&P exam and is in every SOC dating back to 2000. I have filed a NOD for Effective Date and supplied all medical reports, VA visits, C&P exams back to 2000 and have asked for the Effective date to be Feb 20, 2000. If the VA finds a CUE on their own, does that help my case in the Effective Date NOD? Is there a cutoff on how far back the VA can retroactive a disability? Finally received the Final Decision and case is now closed.20% Degenerative Disc Disease of the Lumbar Spine 524220% Deg Arthritus of the Right Knee 5010-525820% Deg Arthritus of the Left Knee 5010-525820% Deg tears, posterior horn of the medial menisci, bilateral knees 5257-501010% Radiclopathy (Sciatica) Right extremity 852010% Radiclopathy (Sciatica) Left extremity 852010% Tinnitus 62600% Residual scar, left knee surgival debrigement 780570% ratedI just filed my NOD for an earlier effective date, due to the CUE (Clear and Unmistakable Error) that the VA found during my claim review. CUE was found due to "locking, pain and effusion of the L/R knee)Because of the CUE they set the effective dates of Feb 2013 & May 2013 (Right and Left knee), but the RO should have reviewed all of my filings and original approval of 1/25/1999.Each one of the reviews and documented notes states Locking, popping, swelling, instability and pain.I also called the VA today to see what the next steps were and the lady told me to file the NOD and she was sending a request for review of the CUE effective dates.Also the VA did not evaluate my Bilateral Hip Condition, which was part of the claim (that is now closed).Has anyone else had the VA find a CUE? Was it in your favor or theirs? Did you get an earlier effective date?Thank you
  24. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little list, where if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
  25. Hello, This is my way of introducimg myself to the Hadit community as a whole. I only surf forums and give opinions and such to things that relate to me personally and my Battle with the VA I wanted to get not only all of these tags talked about, but i would hope to be able to at least get all of those abbrvs broken down for the people that come to this site in need I have noticed a lot of us old hats talk to each other in a comfortable, approachable, yet sometimes maybe even un-understandable to those who aren't in our War with the Rap-i um, mean Rating Officers Some of the people stopping by here for well deserved and needed help may not even be Vets, but their Spouses, their guardians, and most Unfittingly too often their Widows I hope to try to build a little Pist, wher if someone came here, they would have, oh, lets say a nice rusty ass old anchor to grip on to, you know, to help them ride out this Hellacious Hurricane of a system we face Add any word, phrase, Article or Chaptet number of any Law, Rule, Regulation that you would like to help pass on, well, not only the cold logical definition, but tye way it helped you in YOUR Battle. i want this thread to be open and honest, but please, don't get lost and sidetracked trying to impress the community, if a discussion blooms from seeds planted here, take your conversation to the Mail system, and coax them to sproutlings on your own dime, and come back with your Harvest of Ideas. Only we have each other, as i have stood on my own for this last 2ish years, i have wanted something more Here, there be monsters, hide no truths, hedge no bets, the deaper we are able to cut on here, the finer and more powerful Claims we can make. Always remember, we should be advancing, and when i steped into Hadit, i started to feel something different on this Battlefield, ever so softly, in the muck, my arm tired from holding back the Tide of VA bullshit... I felt a small click on my shield, it was YOU! You and I, we began to share the load, gave us both second wind. And slowly, i realized what T-Bird has done, he has started a Cadence! my Shield-Brothers and ShieldSisters. Every one of you, whose words i read, eased my burden. The VA can only xxxx us as individuals. Remember, nearly a hundred years ago, when people REALLY figured out how democracy can work for the minority within the majority, Prohibition was passed, and that is because of Soldiers of Ideals. Our issue is, the VA makes us literally be the David to their Goliath. They demand that we beg for our scraps. Very few Vererans are in the position to demand their Just Compensation because first off, we are broken. Assailed by disabilitys they expect us to fight. Alone! They punish us horribly with Time, and indifference......they teach us to Hate the individuals in their system, Whistleblowers ignored except when it boosts Ratings yet never allowing us Veterans ourselves the ability or TOOLS to help OURSELVES. i dont want someone coddling me, i can repair my own engine given time and proper tools. No way in Hell am i gonna try to pull impacted lugnuts off with my teeth now am I? "that some small amount of moneys may be paid to the maimed, the crippled, his widow, his children...." -Abraham Lincoln (Maybe not exact words, but its from my xxxxxx up memory so go google for Knowledge)
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