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Vcaa Or What?


lu12
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Question

I received this letter back in 2006 from the AMC. There is no place In this letter where the AMC states that this is a VCAA letter or where you can refer as such. Is this the proper procedure by law to notified a veteran about a VCAA letter?

Now in regard to an EED issue in this letter, could early manifestations (S&S) sings and symptoms of a SCD can be related to the second fact described below?

How VA Determines the Effective Date

If we grant your claim, the beginning date of your entitlement or increased entitlement to benefits will generally be based on the following factors:

• When we received your claim; or

When the evidence shows a level of disability that supports a certain rating under the

rating schedule or other applicable standards.

Any advise will be appreciated,

lu12

Copy_of_2006_VCAA_or_what_no_ID.doc

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It's not a VCAA letter. Likely a notification letter from AMC just to let you know what is happening right now. After reading it, I would call that a "supplimental" development letter. The jargon about effective dates and such is required by law in our letters. Looks as though your appeal is partially decided, and AMC is going to finish up the rest of it.

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It's not a VCAA letter. Likely a notification letter from AMC just to let you know what is happening right now. After reading it, I would call that a "supplimental" development letter. The jargon about effective dates and such is required by law in our letters. Looks as though your appeal is partially decided, and AMC is going to finish up the rest of it.

Thank you "Meddac'.

Well the AMC states that is a VCAA letter I think they are wrong in regard to there own statements, apart from this, I was granted 30 percent in 2008, filed for sc in 1998, for a period of 10 years the VA denied my claim based on the fact that there was no evidence related to smr's, including VHA health records related to the One yr. PP. I prove then wrong (they lie). In 2006 the BVA recognized evidence described as MANIFESTATIONS or (S&S) and refer then to the VA examiner to consider the same.

2007 VA examiner opinion was as likely as not related to the scd's, yet they missed similar MANIFESTATIONS and (S&S) documented on my smr's.

In 2004 I requested to have my claim for entitlement to s-c for a Psy. disorders Effective Date to be changed from 1998 to 1989 as the Early Effective Date based on the same information provided by the VA as described below:

How VA Determines the Effective Date

When the evidence shows a level of disability that supports a certain rating under the

rating schedule or other applicable standards.

Or my assumptions are wrong in facts, regulations and law. Any comments are welcome.

lu12

Edited by lu12
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It is my understanding - and I would appreciate someone who is certain chiming in confirming or denying this - that unless you filed within one year of discharge the EED cannot be any earlier than the date of your original claim.

Take me, for instance - I was treated on active duty weekly by the post shrink in the early 80s; got out and continued treatment; and have had treatment on and off ever since depending on my employment/health insurance situation.

So, the evidence would show an effective date of my sc disability for the last 30 years BUT I didn't apply for VA benefits until 5 years ago (over 25 years past discharge) so even though there is evidence of inservice treatment, continuity of treatment, current treatment and the C&P established the nexus, my earliest effective date is the date of my original claim 5 years ago not the date I got out of service.

Us older vets didn't have anyone telling us when we got out if we were being seen weekly by the post shrink to submit a VA claim and we didn't have the internet and we sure didn't have hadit. So, we muddled along on our own the best we could until it got so bad and the technology made the information so available that we realized we had a claim all along and finally submit a claim 30 years after the fact that was a valid claim the day we got out only nobody told us in our out processing breifing, nobody mentioned it when we used our VA GI bill, and nobody mentioned it when we used our VA GI Home Loan. I say "we" because I know I am not the only vet in this situation.

I hope this helps and that someone will confirm or deny what I stated about EED in my first paragraph.

Good luck with your claim and keep us posted.

TS Snave

Edited by tssnave
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It is my understanding - and I would appreciate someone who is certain chiming in confirming or denying this - that unless you filed within one year of discharge the EED cannot be any earlier than the date of your original claim.

Take me, for instance - I was treated on active duty weekly by the post shrink in the early 80s; got out and continued treatment; and have had treatment on and off ever since depending on my employment/health insurance situation.

So, the evidence would show an effective date of my sc disability for the last 30 years BUT I didn't apply for VA benefits until 5 years ago (over 25 years past discharge) so even though there is evidence of inservice treatment, continuity of treatment, current treatment and the C&P established the nexus, my earliest effective date is the date of my original claim 5 years ago not the date I got out of service.

Us older vets didn't have anyone telling us when we got out if we were being seen weekly by the post shrink to submit a VA claim and we didn't have the internet and we sure didn't have hadit. So, we muddled along on our own the best we could until it got so bad and the technology made the information so available that we realized we had a claim all along and finally submit a claim 30 years after the fact that was a valid claim the day we got out only nobody told us in our out processing breifing, nobody mentioned it when we used our VA GI bill, and nobody mentioned it when we used our VA GI Home Loan. I say "we" because I know I am not the only vet in this situation.

I hope this helps and that someone will confirm or deny what I stated about EED in my first paragraph.

Good luck with your claim and keep us posted.

TS Snave

The VA state the following:

How VA Determines the Effective Date

• When we received your claim; or

• When the evidence shows a level of disability that supports a certain rating under the

rating schedule or other applicable standards.

Then again your statement make sense, which way is the right direction?

Thank you Tsnave,

lu12

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It is my understanding - and I would appreciate someone who is certain chiming in confirming or denying this - that unless you filed within one year of discharge the EED cannot be any earlier than the date of your original claim.

As we are trained, and as I personally understand it....Yes. There are NUMEROUS conditions that carry "one year" presumptive periods for manifestation of a disability to at least a 10% compensable level. If you don't file for it within that period you will get a "date of claim". There is a list of many conditions that carry longer periods of presumptive manifestation, and then there are just spotty conditions here and there that you will find having longer periods of presumption.

Many of you may already know, but 38 CFR 3.307 through 3.311 lists several of the "exposure" conditions. There is a great link to the CFRs here: http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr3_main_02.tpl

Forgive me if I didn't answer your question...

BTW... before I forget this... Many of you are going to start seeing brand new VCAA letters. We just had a HUGE change and the letters are scaled back so that they are not quite as redundant. They are shorter on average, and the wording in the WEMS seems to have changed up a bit. There are also new WEMS for a couple of things (New and Material and S/C Death to name a couple).

Remember, if your letter does not contain WEMS, it isn't a true VCAA letter as I understand it. The time limits cannot be enforced if the WEMS are wrong or missing.

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