Has Anyone Won An Earlier Effective Date?

[broncovet]

1. RO denies parts of Veterans claim, ignores other issues claimed.

2. Veteran appeals.

3. BVA awards benefits.

4. RO awards zero percent per RO failure to implement BVA decision.

5. Veteran appeals.

6. RO "blows off" Veterans appeal and "interprets" it as a new benefit claim.

7. Ro awards partial benefits.

8. RO awards full benefits, effective at #6, Veteran says EED is #1 when I first appealed, not when they first ADMITTED to the claim.

[jbasser]

Write them a letter and state they are in violation of the regs and quote the regs for effective dates.

Ask them to grant the date asap. Then file an EED claim.

I used the cue to knock them off but your decision is not final.

J

Edited April 28, 2009 by jbasser

[cowgirl]

Yes, for eed.

Had a c&p for iu.

Increased for sc issue onboard since discharge (0% over a decade).

That increase only went back a year, the date of the claim for IU.

So their decision showed me the way. My health was the same.

Puzzled, I researched and found the exact same rating criteria existed at discharge, then/now.

Had rock solid evidence, SMRs, ssa, private doc and Va doc that verified my condition continued over the years.

Submitted request for increase with earlier effective date.

*Added a letter explaining my claim clearly with attachments (the rating criteria, med record highlighted selections).

Several months later got eed and retro.

Best to ya!

[iraqx2]

NOD NOD NOD NOD NOD.

THAT ACTION WILL KEEP THE ISSUE OPEN.

[Berta]

Yes- keep it going as long as you can in the appelate process.

If however it involves a past final unappealed denial you can file a CUE claim with the RO who made the past decision or a Motion with the BVA charging CUE if they made the past decision.

Yes- plenty of us here-me too-have received better EEDs and more retro due the appealate process itself or via CUE claims.As well as other vets in decisions both at BVA and at CAVC.

[121212]

If you know the dates are wrong they gave you, you need to request a audit on the dates. I have 4 clams being audited at this time, the dates were all wrong they gave me. I will let you know how it works out.

KEN

[broncovet]

[Ken..

I have not heard of "auditing" the effective dates..is that something done on a 21-4138 (Statement in support of claim)? Is it done at the RO level? How is this done?