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Found 18 results

  1. 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
  2. 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 effe
  3. 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 nec
  4. 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 date
  5. 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
  6. 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
  7. 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 rec
  8. 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" t
  9. 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 proce
  10. 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
  11. 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
  12. 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 sub
  13. 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/
  14. 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?
  15. 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 th
  16. Hello everyone! I'm in the process of digesting my latest claim decision and am drafting a NOD to address a denial of cerebral thrombosis/TIAs and a lowball of the migraine increase (from SC & 0% to 30%). Can I appeal the effective date? There's a statement regarding the effective date on my migraine increase which says: The effective date of this grant is XXXXXX. Entitlement to an increased evaluation has been established from the date of the medical evidence showing an increase in disability (Headaches DBQ completed by Dr. XYZ). When private medical evidence showing an increa
  17. I was originally 80% service connected for a litany of issues but 70% for ptsd. I was going to the psych and was given medication which i had bad side effects from. After telling the dr over and over again I finally stopped showing up. I would get notices from the va and simply throw them away without looking at them. Well in 2009 I was reduced from 80% total to 70% total. Fast forward to 2014 and the va was actually shorting me on the 70% money and in speaking to the VSO they said I should ask for an increase because my symptoms at the time had been worsening. I filed a claim for an increase
  18. MY FIRST VA ADJUDICATED RATING WAS 2001 BUT I DID NOT GET VOC REHAB UNTIL 2003 BECAUSE I HAD TO GET A 20 % OR BETTER TO QUALIFY WHICH I DID MY QUESTION IS THIS AM I STILL ELIGIBLE FOR VOC - REHAB NOW IN 2012 OR HAS MY TIME EXPIRED?? THANKS
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