Earliest Effective Date-

[Berta]

http://www.va.gov/vetapp08/files3/0819858.txt

The vet lost but the decision gives so much info it is good to have it here-

I used part to previous reply- I love this case because Ken-on the brief- I think generated the BVA to expand on the denial.

Ken is a great lawyer.

This is why- for example in my husband's claim-he filed the claim in Nov 1992 but the EED went back to Nov 1991.

Awarded 100% P & T 3 years after death.

The date his entitlement arose was one year prior to the filing of the claim- I have only seen this favorable entitlement date used when the SSA has determined 100% due to SC orior to the VA award.

Also it is important to consider under death claims due to AO.

I got 2 years accrued due the vet, posthumously- when the VA properly awards the AO death claim they owe me the year they didnt pay as accured.

This is one of the survivorship rules of the Nehmer COurt Order and Stipulation- a vet in their lifetime- if they get SSA then ultimately get VA SC for exact same thing- they should push for the year additional retro due to date "entitlement arose." If the SSA award was a year or more prior to the VA date of claim.

Edited October 11, 2008 by Berta

[LarryJ]

http://www.va.gov/vetapp08/files3/0819858.txt

The vet lost but the decision gives so much info it is good to have it here-

I used part to previous reply- I love this case because Ken-on the brief- I think generated the BVA to expand on the denial.

Ken is a great lawyer.

This is why- for example in my husband's claim-he filed the claim in Nov 1992 but the EED went back to Nov 1991.

Awarded 100% P & T 3 years after death.

The date his entitlement arose was one year prior to the filing of the claim- I have only seen this favorable entitlement date used when the SSA has determined 100% due to SC orior to the VA award.

Also it is important to consider under death claims due to AO.

I got 2 years accrued due the vet, posthumously- when the VA properly awards the AO death claim they owe me the year they didnt pay as accured.

This is one of the survivorship rules of the Nehmer COurt Order and Stipulation- a vet in their lifetime- if they get SSA then ultimately get VA SC for exact same thing- they should push for the year additional retro due to date "entitlement arose." If the SSA award was a year or more prior to the VA date of claim.

Berta,

I'm sure glad that you posted this.

You see, I was awarded SSDI by the SSA a couple of years prior to my 100% SC'd VA award.

For the very same disability(s).

Do ya have anymore "info" that'd help me out......do I just file an NOD, and use the SSDI award as the reason?

Thanks gal.

Larry

[Berta]

Unless you are still in the appeal p[eriod for the 100% award -and can NOD it- then you would have to file a CUE claim.

As long as VA had and was aware of the SSA award and it was in place one year prior to the EED they gave you for the 100% SC_ this in my opinion means that-based on the regs-they owed you additional year retro.

[LarryJ]

Unless you are still in the appeal p[eriod for the 100% award -and can NOD it- then you would have to file a CUE claim.

As long as VA had and was aware of the SSA award and it was in place one year prior to the EED they gave you for the 100% SC_ this in my opinion means that-based on the regs-they owed you additional year retro.

Berta, Yes, I'm still within my 1 year time frame for filing an NOD. And, yes, the SSA "award" preceeded the VA "award" (for the same injury/disability) by two years, even though I applied for BOTH on the SAME DAY.

Whatcha think?