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Effective Date Of Disability?


nukenight
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Question

I have finally managed to get the VA in Seattle to acknowledge that I am 100% disabled, but it was a VERY LONG and involved process. Question I have is that I filed a claim for an increase in my hearing disability back in August 2004, which was denied a year later. I appealed, and was scheduled for a new audiological exam in May 2006, but the contract audiologist was ill. She (can her office) notified both the local VARO and QTC of the problem, but I was not told until I arrived at her office. I promptly contacted both VARO and QTC and asked for a rescheduled exam, providing them the details. It took almost 6 months of work to convince both that I actually was there and the doctor wasn't (they originally listed me as a no-show). I got the new exam in May of 2007, and it was totally consistent with another exam I paid for (IMO). VA dragged their feet on this, after granting me 100% via unemployability on my other problems, and in June finally decided that the level should be raised from 10% to 80% (plus 10% for tinnitus). However, they are claiming that it should only go back to October 2007, for some totally unknown reason.

I have requested an appeal of this decision, and am still waiting for a response, other that the standard letter that they have gotten something from me.

Can anyone provide me with some rationale for why they are starting this from just last year, rather than back in 2004, when it was started? I should be getting some retroactive money, but seems like the local VARO is doing their usual dance of 'what are you complaining about, we finally got it right?" This would have put me at 100% from back in 2004, not later, and I can't understand how they have moved the dates. Your assistance is greatly appreciated.

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First of all welcome to the club of the wrong effective date but the part to be happy about is that you have 100% and you will get a check every month while you appeal the wrong effective date. By my calculations VA screwed me out of 27 months but I still have gotten a check for 100% since 1996.

I rarely see people who post victories on Hadit that have not had some sort of problem with issues that cut them a little short of what they have earned.

Sorry to be so blunt I am appealing an earlier effective date for SMC that would award me about 12 or even 14 years of back pay.

In your appeal you should ask for a Statement of the Case and their reason for the wrong effective date and how to fix it.

Good Luck

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Pete is right. Enjoy your benefits, but still fight for the correct date. They are not so swift in their math, look at the table they use to grant %. So you will have to keep on them to go back to retro date of correction. At least now you won't starve while fighting them.

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simply appeal the effective date. The VA rule is date of claim or date disability arose.

What was the date of your IMO and when was it submitted to the VARO?+

If it is as you say "completely consistant" with the VA C&P then one would have to assume that the effective date would be the date of the IMO.

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When did you formally apply for TDIU?

Or did the VA decide TDIU when your % was at 70% or more?

Maybe that is not the reason here for their EED but still-this is why I feel a TDIU vetr should file for TDIU Yesterday!

Meaning there is better chance that if VA awards TDIU they will use receipt of the 21-8940 as date for EED-otherwise they determine the TDIU date and it is always probably wrong.

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My effective date is now 1 Nov 2007, but the claim was originally filed in August 2004. I finally got a 100% disability level last September (2007), but this was an issue that was still "hanging out there" when that determination was finished. The latest item is for hearing, which I had been rated at 10% for, and that was what they originally said that it hadn't increased.

Based on the 2006 audiograms, the level for just my hearing went to 80%, which combined with 70% for anxiety attacks/depression, and 10% for tinnitus, gives me a 100% in toto, where last year is was 80%, plus unemployability to get me to 100%.

However, as someone mentioned, if the claim actually goes back to the original date of 8/2004, then I would be entitled to some additional funds. It seems like the Seattle VARO delights in coming up with excuses as to why they do have to do things the way the law reads. As an aside, I have a FOIA request for my records that goes back to 2001, which they keep putting off because the record is sitting somewhere else where they can't copy it while it is in processing/adjudication/you-name-it. Plus, I have gotten some responses directly from senator/congressman that were very disparaging of me as a veteran. Guess asking them to do their job means that I've 'p*ssed in their cornflakes' along the line. Doesn't bother me, but even the local medical clinic is starting to give me problems, so I guess the word has just worked its way down the system.

Anyway, I've filed an appeal, and will keep going like a bulldog on things, but it sure seems like they can slice and dice and rearrange things for their convenience/cost savings/etc., to the detriment of the veteran.

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nuke,

Do you have a list of Adjudicative Actions from:

August 2004 up until the Decision that granted the

effective date of Nov 2007 ?

carlie

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