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