Earlier Effective Date Question

[majrrich]

I have just been denied an earlier effective. Briefly I went to the AL VSO in Aug 2006 and filed my claim they never submitted it finally I sent another claim in direct to the VA Jan 2007 and was just granted disability back to Jan 2007 and denied the earlier date. VA said they had no record of receiving a claim before Feb 2007. I have been going over my records I have three emails I sent to IRIS Sep 2006 Oct 2006 and Dec 2006 asking about my claim. basically they said it was never received which it wasnt because of a lousy VSO.

My question does my email requesting information on my claim constitute a Informal Claim since I technically notified the VA about my claim.

I am preparing a NOD I get no response fronm the VSO about why my claim was not submitted but since I senst three emails to the VA will that help get a earlier effective date

Thanks

[john999]

You can sue your VSO.

[majrrich]

When I was denined I went to small claims court they would not take the claim because they said I had only 60 days from the date of the incident. which they said was 2006 . I dont think a there is enough money involved for a lawyer but I guess I can check it out. I still want to get the VA to agree that the emails constitute a informal claim

Thanks

[CRYPTOTECH]

What was the IRIS response from your inquiries? If they said something like, "your claim is in the "" stage" then you would have a case. If the first reply was that they didn't have a record why didn't you send another in right away. why did you wait until Jan 2007 to send another?

Your situation is confusing.

Frank

I have just been denied an earlier effective. Briefly I went to the AL VSO in Aug 2006 and filed my claim they never submitted it finally I sent another claim in direct to the VA Jan 2007 and was just granted disability back to Jan 2007 and denied the earlier date. VA said they had no record of receiving a claim before Feb 2007. I have been going over my records I have three emails I sent to IRIS Sep 2006 Oct 2006 and Dec 2006 asking about my claim. basically they said it was never received which it wasnt because of a lousy VSO.

My question does my email requesting information on my claim constitute a Informal Claim since I technically notified the VA about my claim.

I am preparing a NOD I get no response fronm the VSO about why my claim was not submitted but since I senst three emails to the VA will that help get a earlier effective date

Thanks

[CRYPTOTECH]

You also should have gotten a copy of your original claim that you filed. Do you keep copies of everything. If not, this should be a learning experience to keep a copy of EVERYTHING.

Frank

What was the IRIS response from your inquiries? If they said something like, "your claim is in the "" stage" then you would have a case. If the first reply was that they didn't have a record why didn't you send another in right away. why did you wait until Jan 2007 to send another?

Your situation is confusing.

Frank

[majrrich]

At the time I was listening to my VSO. I submitted stressor to him, Bronze Star, MY name was not spelled correctly he wanted me to submit a form 149 to correct it. which I already did in 1969. I gave him the corrected orders He just kept putting me off. I did not know any better My first reply from IRIS was that there is no record of a claim but that does not mean it wasnt submitted just maybe it wasnt recorded yet

I never submitted a claim before and wasnt sure what to do. I started to view Hadit and got some advice from the members here

I then took charge of my claim fired the VSO and kept on submitting my staments and records and managed to get 80% plus IU back to Jan 2007. Without the help of a VSO.

I would just like to get a EED to when I orginally went to the VSO and filed my claim

[broncovet]

Whoa Hoss! Before you sue your VSO, look into the very real possibility your claim was shredded by the VARO! Your claim may well have been one of the 16,000 claims "found" at just one RO! Just to CYA, file a "Special Handling Request" for shredded evidence before Nov 2009. Show this evidence to support your SHR: Medical Exams, IRIS Emails, contact with VSO's, document the date and times, visits to the Va hospital, etc. By corroborating your evidence, you may well be able to demonstrate an EED based on shredded evidence.

Do Not trash your VSO, at least not until you are sure that is where the bugaboo happened. Frankly, it is far more likely that your VSO sent the claim and the VARO shredded it, along with thousands of other Veterans claims.

Read a few of these and see how the VA has shredded and spoilated thousands of Veterans claims:

Watchdogs Report on VA Shredder Scandal

[Berta]

If you filed the claim in 2006, through a VSO there would be copy of what they filed in the VSOs file on you-

and you would have received a VCAA letter within 3-6 months after receipt by VA of the claim.And also "we have received your claim blah blah" letter-

I hate to stress this point strongly here but we MUST be proactive -whether we have a vet rep or not!

Since the rep advised filling a DD 149 to correct your name-he/she might have felt that was first step to do- because why file a claim if the name on your records is wrong.

Would the rep sign a statement that he did in fact file the claim for you in 2006?

It is possible that he did and the VA lost it.I agree that you should have reacted very quickly to the Iris replies that they didn't have your claim.

[CRYPTOTECH]

If you filed in 2006, both your Rep AND VA should have a record of it. If neither one of these have it it didn't happen. The chance of neither one having a copy is 1 in 1000000000000000000000000000. Maybe you thought you filed but filled out something else. Maybe it was the name change form you were filling out and never filled.

Frank

I have just been denied an earlier effective. Briefly I went to the AL VSO in Aug 2006 and filed my claim they never submitted it finally I sent another claim in direct to the VA Jan 2007 and was just granted disability back to Jan 2007 and denied the earlier date. VA said they had no record of receiving a claim before Feb 2007. I have been going over my records I have three emails I sent to IRIS Sep 2006 Oct 2006 and Dec 2006 asking about my claim. basically they said it was never received which it wasnt because of a lousy VSO.

My question does my email requesting information on my claim constitute a Informal Claim since I technically notified the VA about my claim.

I am preparing a NOD I get no response fronm the VSO about why my claim was not submitted but since I senst three emails to the VA will that help get a earlier effective date

Thanks

[majrrich]

Here is the Problem. Filed Claim Aug 2006 with AL. My name was spelled wrong on the Stressor (Bronze Star). He said I needed to get it corrected. I informed him I had a corrected copy I faxed it to him. I had it corrrected in 1969 2 years after I left the service. After that I was una ble to either reach him or get an answer from him. When I fired him I had them send all my paperwork. My orginial claim from was never date stamped by the VA only one stamp American Legion Aug 2006. There is no doubt the AL dropped the ball and I was too naive to act quickly enough as I said; once I took charge and sent the paperwork myself I managed to get my SC'D back to the date that I sent the claim not when the AL was supposed too

The VA is not at fault here

to this date the AL has never responded to my requests as to why they never submitted it.

I filled out a statement requesting to open a claim

[broncovet]

I recommend:

1. Filing TWO written requests for your C file...one each in both spellings of your name.

2. Again, the VARO is 100 times MORE likely to loose or shred your claim than your VSO, so file a special handling request...you can include the possibility that your VSO mishandled your claim as well as the VARO, if you think either is a possibility.

You want to CYA, so do both these things, then, when a copy of your cfile arrives, which will be months/years, you will know much better what is going on. AGAIN, if you went to a VA doc and told him that you were depressed, that is an INFORMAL claim for depression (or other conditions) so follow the exam up with a formal claim. On your formal claim, MAKE NOTE THAT THIS IS THE SECOND TIME YOU APPLIED FORMALLY, THAT THE FIRST TIME WAS ............. DATE, AND THAT YOUR CLAIM WAS MISHANDLED EITHER BY THE varo OR THE vso.

Remember, the VSO's and VARO's "share office space", that is the VARO gives "free" rent to VSO's probably in exchange for an "attitude adjustment" on the part of the VSO

toward the VARO. In other words if a guest is staying in my house, eating my food, using my electricity, HE had better not bad mouth the hand that feeds him!

Edited June 6, 2009 by broncovet (see edit history)

[majrrich]

Thanks for the Advice. I was not aware that the diagnosis from the VA Dr. could be the informal claim. If that is the Case. I was diagnosed in July 2006 by a VA dr. and a Pvt Dr.

So if I understand you I can send a NOD citing the date I saw the VA Dr. and was diagnosed as an informal claim and then the date the VA received my formal claim Jan 2007. I have all the VA Medical Records I will start tonight

Thanks to all my VSO says he cant tell me anything because I no longer have a POA.

[CRYPTOTECH]

An informal claim is a handwritten letter letting the VA know you want to file a claim. Just by seeing your doctor and telling them your depressed does not constitute an informal claim by any means. You can get back pay back to when you filed your informal claim. The retro would not go back to when you told your doctor you were depressed unless you filed before then. A formal claim is a filled out claim form submitted to the VA or your Rep. As far as retro they both are the same.

Frank

I recommend:

1. Filing TWO written requests for your C file...one each in both spellings of your name.

2. Again, the VARO is 100 times MORE likely to loose or shred your claim than your VSO, so file a special handling request...you can include the possibility that your VSO mishandled your claim as well as the VARO, if you think either is a possibility.

You want to CYA, so do both these things, then, when a copy of your cfile arrives, which will be months/years, you will know much better what is going on. AGAIN, if you went to a VA doc and told him that you were depressed, that is an INFORMAL claim for depression (or other conditions) so follow the exam up with a formal claim. On your formal claim, MAKE NOTE THAT THIS IS THE SECOND TIME YOU APPLIED FORMALLY, THAT THE FIRST TIME WAS ............. DATE, AND THAT YOUR CLAIM WAS MISHANDLED EITHER BY THE varo OR THE vso.

Remember, the VSO's and VARO's "share office space", that is the VARO gives "free" rent to VSO's probably in exchange for an "attitude adjustment" on the part of the VSO

toward the VARO. In other words if a guest is staying in my house, eating my food, using my electricity, HE had better not bad mouth the hand that feeds him!

[broncovet]

Frank...

The late Alex Humphrey was an attorney very familiar with VA law. He posted on hadit to the effect that, if a Veteran tells his doctor that he is unemployed, that constitutes an informal claim for increase. When a Veteran communicates his desire to apply for benefits to a VA representative, such as a VA doctor, the regulations state that constitutes an informal claim for benefit increase. Alex indicated that Vets often win claims for an EED when the Vet told his doc that he was unemployed.

I personally am adding that, I can see no reason to limit this to UI benefits, that when a Veteran tells his VA doctor he has ............ condition, that would constitute an application for benefit increase for ............ condition. The regulations and court cases, to the best of my knowledge do not limit this to claims for TDIU or UI.

It is unclear whether this could be used for a NSC Veteran the first time he applied for benefits. But if the Vet had already applied for something else, that would constitute an informal claim for benefit Increase.

As long as the VA doctor WROTE DOWN your informal claim, that is, entered it into your medical records, that constitutes an informal claim for benefits. Further, Alex pointed out court cases where the Veteran is NOT required to use the word "unemployability" or "Individual Unemployability," to "Specify the benefit sought". (The regs do require the Veteran "specify the benefit sought")

There is a whole section on Alex's posts. However, unfortunately, I could not get the link to work for Alex Humphrey's posts.

I think there is a definate distinction between an application for increase, and a new application for SC benefits here. Reason: If a Vet is going to the VA, he may or may not elect to seek VA disability compensation benefits. He could well be treated for x condition, without any intent to apply for benefits. However, once he applies and tells his doc that he has a new condition, he can often win that effective date for benefits upon appeal.

Of course, the VA is going to try to "weasel out" of paying benefits. You see, the VA regurarly denies claims they should approve, because they know only a small percentage of Veterans ever appeal. So, they deny things knowing they would be overturned upon appeal. Then, the VA hires about 300 lawyers to try to find a loophole on the Vets denial.

It is a disgrace to Veterans to do it this way. It is no wonder there are so many homeless Veterans. The net effect is that the VA Regional Office can/does deny deserving Vetrans claims, then the Vet must fight a slew of 300 VA attorneys just waiting for their chance to attack a Veteran. They use all means possible, such as claiming that it was the Veterans own fault, bad discharge, didnt apply correctly, etc. etc.

I personally think the 300 or so (Office of General Counsel) VA attorneys should be "lent out" to defend Veterans on their claims, not attack Veterans.

It is simply wrong for money that is supposed to go to help Veterans being spent to pay lawyers to try to "weasel" the Veteran out of his money.

Edited June 7, 2009 by broncovet (see edit history)

[majrrich]

Thank you VERY Much, My son-in-law has helped with my claim I will give him this info and he will research it. Sounds like its worht a try

thanks to all

[deltaj]

Frank...

The late Alex Humphrey was an attorney very familiar with VA law. He posted on hadit to the effect that, if a Veteran tells his doctor that he is unemployed, that constitutes an informal claim for increase. When a Veteran communicates his desire to apply for benefits to a VA representative, such as a VA doctor, the regulations state that constitutes an informal claim for benefit increase. Alex indicated that Vets often win claims for an EED when the Vet told his doc that he was unemployed.

I personally am adding that, I can see no reason to limit this to UI benefits, that when a Veteran tells his VA doctor he has ............ condition, that would constitute an application for benefit increase for ............ condition. The regulations and court cases, to the best of my knowledge do not limit this to claims for TDIU or UI.

It is unclear whether this could be used for a NSC Veteran the first time he applied for benefits. But if the Vet had already applied for something else, that would constitute an informal claim for benefit Increase.

As long as the VA doctor WROTE DOWN your informal claim, that is, entered it into your medical records, that constitutes an informal claim for benefits. Further, Alex pointed out court cases where the Veteran is NOT required to use the word "unemployability" or "Individual Unemployability," to "Specify the benefit sought". (The regs do require the Veteran "specify the benefit sought")

There is a whole section on Alex's posts. However, unfortunately, I could not get the link to work for Alex Humphrey's posts.

I think there is a definate distinction between an application for increase, and a new application for SC benefits here. Reason: If a Vet is going to the VA, he may or may not elect to seek VA disability compensation benefits. He could well be treated for x condition, without any intent to apply for benefits. However, once he applies and tells his doc that he has a new condition, he can often win that effective date for benefits upon appeal.

Of course, the VA is going to try to "weasel out" of paying benefits. You see, the VA regurarly denies claims they should approve, because they know only a small percentage of Veterans ever appeal. So, they deny things knowing they would be overturned upon appeal. Then, the VA hires about 300 lawyers to try to find a loophole on the Vets denial.

It is a disgrace to Veterans to do it this way. It is no wonder there are so many homeless Veterans. The net effect is that the VA Regional Office can/does deny deserving Vetrans claims, then the Vet must fight a slew of 300 VA attorneys just waiting for their chance to attack a Veteran. They use all means possible, such as claiming that it was the Veterans own fault, bad discharge, didnt apply correctly, etc. etc.

I personally think the 300 or so (Office of General Counsel) VA attorneys should be "lent out" to defend Veterans on their claims, not attack Veterans.

It is simply wrong for money that is supposed to go to help Veterans being spent to pay lawyers to try to "weasel" the Veteran out of his money.

I'm thinking what you mean is an inferred claim for total disability individual unemployability.

[deltaj]

Thanks for the Advice. I was not aware that the diagnosis from the VA Dr. could be the informal claim. If that is the Case. I was diagnosed in July 2006 by a VA dr. and a Pvt Dr.

So if I understand you I can send a NOD citing the date I saw the VA Dr. and was diagnosed as an informal claim and then the date the VA received my formal claim Jan 2007. I have all the VA Medical Records I will start tonight

Thanks to all my VSO says he cant tell me anything because I no longer have a POA.

I think what we are discussing here is an inferred claim for total disability individual unemployability.

[poolguy11550]

The burden is still on the Veteran to inform the VBA of a claim as soon as he or she knows a claim my exist.

[Hoppy]

Going to the doctor and saying your depressed is not sufficient. However, if you tell the doctor you are depressed and you intend to seek a VA benefit for depression would be sufficient.

FINDINGS OF FACT

1. All relevant evidence necessary for an equitable

disposition of the appeal has been requested or obtained.

2. The Veteran filed his initial claim for service

connection for PTSD on 10 January 2006.

3. A 9 November 2005 VA treatment record noted the Veteran

was not then service connected for PTSD, but planned to

apply, and this record may be accepted as an informal claim, because the Veteran's January 2006 formal claim was received

within one year of the informal claim, but there is no

earlier claim for service connection for PTSD than 9 November

2005.

[cowgirl]

Hoppy - well stated. Good reminder for me to see if in my case the doctor" noted" I was applying for PTSD claim. Could be my request for a letter would be my only support - but of course that'd need to state 'the specific' medical issue, in my case just happens to be 'ptsd'. Cya with official paperwork or records, either submitted by the vet, acceppted, responded to or filed in the VA files.

Be nice to have Official VA ombudsman IG Type oversight board for the Veteran reassurances in the New Medical Coverage speech 'don't worry you'll still keep your VA benefits coverage" as announced with much ambition tonight.

Again, Hoppy, clearly stated and good discussion, IMHO

Cg'up2009!

Going to the doctor and saying your depressed is not sufficient. However, if you tell the doctor you are depressed and you intend to seek a VA benefit for depression would be sufficient.

FINDINGS OF FACT

1. All relevant evidence necessary for an equitable

disposition of the appeal has been requested or obtained.

2. The Veteran filed his initial claim for service

connection for PTSD on 10 January 2006.

3. A 9 November 2005 VA treatment record noted the Veteran

was not then service connected for PTSD, but planned to

apply, and this record may be accepted as an informal claim, because the Veteran's January 2006 formal claim was received

within one year of the informal claim, but there is no

earlier claim for service connection for PTSD than 9 November

2005.