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

[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.