Eed

[gp747]

i fought since the early 70's for my service connected disability. for thirty years i did not know anything about the process and i trusted the va to do the right thing. i was really stupid and screwed up mentally big time.

i applied several times through the years and was living under bridges a lot of the time . so i did not have the means to stay on top of things. i was not a drug addict,i did have problems with alcohol.

finally after settling down thanks to my wonderful wife who pulled me off the street and got me to quit drinking i decided to get serious about my claim and i had the evidence .

they were just shoving me under the rug thinking i would go away. so i fought hard for around ten years and got lowballed at 30%. i raised hell asked for an increase and they immediately gave me 50%.

now right there i got screwed,because if they would have given me the 50% to start with i would have hhad that back pay back to 2002.

i guess i should be satisfied with what i have ,but i cant understand why when i applied back in the 70's and the 80's why i was not paid back until then.

AND BY GOD IT IS STICKING IN MY CRAW !!!!

[broncovet]

File an NOD and fight for your EED. Keep on fighting until you win.

[gp747]

File an NOD and fight for your EED. Keep on fighting until you win.

if i file a nod about my eed will i have to go to c and p's and all the crap?

[gp747]

what will a nod entail will i have c and p's what will i have to go through besides the agonizing wait ?

[pacmanx1]

If it has been over a year since your last rating decision then the time to file a NOD has passed. You must file a NOD within a year of your last claim. If the evidence was in your records that you should have been rated higher on your last claim then you may be able to file a CUE claim (Clear and Unmistakable Error) the problem with this is that VA could say they tried to contact you and you could not be reached due to no known address. I think you would need a lawyer or a really good VSO (Veteran Service Officer) but good VSOs are really hard to find. Some lawyer may take your case if they think they can win and you don't have to pay them until your case is won but like I said I am not sure if you have grounds for a CUE. Yes, filing a claim now would probably get you a new C & P. If you file a CUE and can prove that you met the hire rating back to your last rating you may not need a C & P but that would be up to VA.

Edited August 27, 2009 by pacmanx1 (see edit history)

[gp747]

If it has been over a year since your last rating decision then the time to file a NOD has passed. You must file a NOD within a year of your last claim. If the evidence was in your records that you should have been rated higher on your last claim then you may be able to file a CUE claim (Clear and Unmistakable Error) the problem with this is that VA could say they tried to contact you and you could not be reached due to no know address. I think you would need a lawyer or a really good VSO (Veteran Service Officer) but good VSOs are really hard to find. Some lawyer may take your case if they think they can win and you don't have to pay them until your case is won but like I said I am not sure if you have grounds for a CUE. Yes, filing a claim now would probably get you a new C & P. If you file a CUE and can prove that you met the hire rating back to your last rating you may not need a C & P but that would be up to VA.

all i am asking is for an earlier eed and i am close to a year

[pacmanx1]

OK file a NOD and tell them why you think you should be paid at the earlier effective date. If they still deny you, file a form 9 and let it go to the DRO/BVA it may take a few years but that is up to you.

[carlie]

all i am asking is for an earlier eed and i am close to a year

skunk,

Just take a peice of paper and write on it.

This is a formal Notice Of Disagreement in regards to the Rating Decision dated XX/XX/XXXX.

I disagree with the effective date assigned on this Rating Decision of XX/XX/XXXX.

At least get this to them befor your next day or two - or it's all over and the only way to get an EED then would be by a C&UE.

Your only fighting the ED so there is not a C&P involved with that.

Get off your butt and get r done now.

I think your down to 3 days.

jmho,

carlie

[Josephine]

Skunk,

Do as Carlie said. Get out pen and paper and start writing.

Drop it off at your local R.O and have it date stamped if possible, but do it.

Believe me you can fight this.

I bet there is not one person at the BVA or the AMC and the R.O that doesn't know

who I am for I fought them long and hard and I won retro and all.

Time is running out.

Always,

Betty

Edited August 27, 2009 by Josephine (see edit history)

[gp747]

well just looking and was awarded the 30% in july 2008 and the increase was added later . looks like i waited too long .

Edited August 27, 2009 by skunk (see edit history)

[carlie]

well just looking and was awarded the 30% in july 2008 and the increase was added later . looks like i waited too long .

DRATS - CRAP - DARN - DANG - SHOOT - DAMN IT ..... !

carlie

[gp747]

wait a minute i did apply for an eed when i asked for the increase and was denied ,i may still have time . i have got to find the decison !!!!

yes dec 18 2008 they were working on eed for bipolar i won the in crease but denied the eed i think i can nod this

Edited August 27, 2009 by skunk (see edit history)

[gp747]

ok here is what happened i won the 30% july 2008 and later asked for an increase and an earlier effective date . i won the increase and they denied me the eed . so this was later ,and can i appeal that decision since it has not been a year ?

found it sept 29 2008 i was denied earlier effective date was granted an increase.

well it says i can appeal to bva in the award.

Edited August 27, 2009 by skunk (see edit history)

[Pete53]

Not only do you have to file a NOD you have to complete and send a Form 9 in under 1 year No Form 9 and no appeal unless you can prove it should have been inferred

There was a movie I like in the 60;s called a Guide for the Married Man and in it was a scene that should have been written for the VA. The wofe comes home and caught the husband ion bed with another woman and while she is screaming at him he gets up and the other woman dress and she leaves all the while the wife is screaming and when the other woman is gone he asks the wife what she was screaming at and she walks off shaking her head.

The VA does the same thing

[gp747]

ok i just filed a nod just stating i disagreed with their decision will they send me a form 9?

[carlie]

ok i just filed a nod just stating i disagreed with their decision will they send me a form 9?

http://www.va.gov/vaforms/va/pdf/VA9.pdf

[gp747]

http://www.va.gov/vaforms/va/pdf/VA9.pdf

ok sent two nod's in to make sure downloaded a form 9 filled it out and sent it in .

I AM GOING TO SLEEP!

[carlie]

ok sent two nod's in to make sure downloaded a form 9 filled it out and sent it in .

I AM GOING TO SLEEP!

OK skunk,

At this point in the game your going to have to pay closer attention to these timeframes

a little better - or I'm going to pay you a visit and stink you up even more - lol.

Glad you got r done :)

carlie

[broncovet]

Well this is the first time I filed for an EED, but I really dont see how another C and P exam would have anything to do with it..you are appealing the date of your award, and your rating is already established. I think Cowgirl said she won an EED, maybe she could answer from actual experience...just because it makes sense to us, does not mean it makes sense to the VA..

Oh, yea..you will probably have an agonizing wait..I am guessing it will be at least 2 years..maybe more, because I doubt that a DRO will stick his neck out and award benefits back to 1987..thats about 22 years and a potential for a 6 figure retro, and you will almost certainly have to go to the BVA, at a minimum, for that. JMHO. The VA is not in the habit of handing out a hundred grand easily ...well, that is, unless you are a VA employee who has screwed up and is requesting a bonus, especially if you are sleeping with the IT manager....then they hand out big bonuses easily.

If you havent already read about this it is here:

http://www.vawatchdog.org/09/nf09/nfaug09/nf082109-2.htm

[gp747]

Well this is the first time I filed for an EED, but I really dont see how another C and P exam would have anything to do with it..you are appealing the date of your award, and your rating is already established. I think Cowgirl said she won an EED, maybe she could answer from actual experience...just because it makes sense to us, does not mean it makes sense to the VA..

Oh, yea..you will probably have an agonizing wait..I am guessing it will be at least 2 years..maybe more, because I doubt that a DRO will stick his neck out and award benefits back to 1987..thats about 22 years and a potential for a 6 figure retro, and you will almost certainly have to go to the BVA, at a minimum, for that. JMHO. The VA is not in the habit of handing out a hundred grand easily ...well, that is, unless you are a VA employee who has screwed up and is requesting a bonus, especially if you are sleeping with the IT manager....then they hand out big bonuses easily.

If you havent already read about this it is here:

http://www.vawatchdog.org/09/nf09/nfaug09/nf082109-2.htm

well yeah i am expecting a long, long wait,and i am going to represent myself or let my wife represent me.

i dont expect a c and p as i have just gotten an increase . i sent in my form 9 and requested to be heard by bva in washington,they are the only ones who have ever helped me.

this ro where i am at ,forget it they wouldnt give you s--t unless they absolutely had to.they have never helped me in any form or fashion.

[Josephine]

Skunk,

The days are going to pass if you are at the BVA or if you did nothing.

You might as well spend the time at the BVA.

I am happy you have all of your paper work in and are prepared for the long wait.

It is true the DRO usually will not stick their neck out to pay you large sums of retro.

I only speak this from experience as they sent me off to the BVA.

I am sure they thought I would drop out, die, give up, but I fooled them.

It took the BVA to grant me 16 years of retro.

I posted the link to my BVA claim under Rockhounds post.

Hang in,

Betty