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.

[121212]

broncovet, I found form # VA form 21-4138, What my Rep wrote on the form.

It is requested that the VA RO conduct a review if the effective dates for the following issues.

Effective Dates for the following:

1. The code number and the clam. example DC 5015-5271 Left Ankle Sprain

2.

3.

4.

The reason we had to do this is because they went back to the dates of the NOD not the dates of the initial Claim.

I hope thet will help.

KEN

[carlie]

121212,

In dealing with VA it's always in the best interest of a claimant to be

pretty specific in our language in relations to a claim.

Going with VA lingo,this is not what is referred to as an AUDIT.

I hope your Rep wrote more than.

"It is requested that the VA RO conduct a review if the effective dates for the following issues.",

along with a list of the Diagnostic Code and disability it pertains to.

I hope your Rep specified to VA why (under what reg) you felt a different effective date should have been applied to any grants or percentages of SC'd disabilities.

This would be found in 38 CFR - 3.400 section - Effective Dates.

http://ecfr.gpoaccess.gov/cgi/t/text/text-...173&idno=38

jmho,

carlie

[121212]

We will have to wait and see, what come of my clam dates. I will let you know if it works out. We did send all the information to the VA and have been called by them 2 times on info they needed. I understand what you are talking about being pretty specific, all I can say for the VA not calling it a Audit, is when the VA called me they ask me about the Audit I had sent them, we will see what happens and for being pretty specific the VA all way finds a way say it was written wrong, when we used the Diagnostic Code and disability it worked out fine and never had a problem. I hope it comes out right for everybody.

Ken

[carlie]

121212,

I also hope what-ever you put in for comes out good.

carlie