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Advice Needed For Eed-john Said "a Bird In Hand?"


cowgirl

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  • HadIt.com Elder

Saw a note from John999 somewhere bout Nov 2006 reminding me that once I "win the current strong claim so that you can get IU or 100%. You can worry about an earlier effective date after you start getting your compensation checks rolling in. A bird in hand..."

Well, the first check has arrived and now I think its time to get busy. The evidence links back into "the day" I was serving active duty and getting services, at least that is what i belive. I had 2 dedicated VA Dr.s. and a thorough CP exam that helped me achieve current rating.

My original application after retirement was list-like, but included 2 of the items I just received a rating for. Truly, these issues are in my SMRs and Cfile, were listed on my original claim. One was worded very clearly and the other less so, but well stated all in all.

I am reading several things in the forum on what to do next, but want to be logical in my approach for corrected EEDs, if possible.

Thanks for the help, a grateful cg here!

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If the VA grants SC for a claim filed during first year after discharge- the EED is the day after discharge.

Almost all other claims are awarded the EED to the date of the filing of the claim.

Often a TDIU award or increase in comp rating can be successfully challenged for an EED prior to one year of filing the TDIU application or filing the claim for increase. 38 CFR 3.400 (o)(2) (2007) and Dalton V Nicholson 21 Vet App 23 (2007)

If the medical evidence of record supports this.

Also claims under Nehmer have separate and more favorable EEDs in many cases.

The VBM always devotes an entire Chapter =to the EED issue.

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  • HadIt.com Elder

thanks Berta, you and Hadit are a gift to my family! got camp coffee in hand, will read and reread fervently, cg.

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  • HadIt.com Elder

Is not there also a possible CUE if the VA has certain knowledge that you are unemployable due to a SC condition and fails to consider the vet for TDIU. That is supposed to be an implied claim for TDIU if they know your are unemployable due to your SC. That's exactly right about effective dates going back to day after discharge if filed within one year of discharge. I got that effective date myself when I filed in 1972 even though I did not get SC until 1973. My effective date went back to December 4, 1971 which is one day after my discharge.

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