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 !!!!

[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

[broncovet]

I agree with Carlie. Fed EX it if you have to GET it there within a year..dont MAIL it within a year..but make sure they recieve it within a year. Take it to the RO and have them hand stamp it if you have to, but get that NOD filed in time no matter what. It could cost you tens of thousands of dollars for it to be late. Cue is very hard to prove.

Rememeber the VA can take 20 years to process your claim and its not unreasonable, (according to them). However, if you are one minute late filing your NOD, then you can bet they will deny it.

Edited August 28, 2009 by broncovet

[cowgirl]

Mind if I think aloud ? Hope something I say here helps.

Do you have the paperwork that showed a final decision after you first filed. Even if the VA denied you, or if they confirmed any missed compensation exam or paperwork follow through. There must be something closing out your first VA claim. Probably in your Cfile.

On the decision document, there should be a rating or decison for your claim. What is that decision and rating? Post it if you want.

Is that rating correct for the condition you had at that time? Or what condition did you have at that time that you have now?

What exactly is your current assigned condition? code? (mental health may start with a 4....)

With your condition, code and ratings, you can research to find the old VA or CFR regulations.(if I can find em anyone can)

Confirm your diagnosis and any exams in your service medical records and or VA medical records.

*If this all matches to your CURRENT rating, then you may have a running chance for to correct your ratings and try for earlier effective date.

Then be clear, keep it simple, one page and reference the documents in your Cfile and SMR's, specific exams, diagnoses, etc.

Best of luck to ya,

Cg'up2009!

[deltaj]

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.

Skunk, During the appeal period of the first decision granting an increase was there new and material evidence such as a V.A. examination showing evidence of an increase? If so the decision may be appealable as a CUE claim under 38 CFR 3.400 (q) but you'll need help from DAV or another service organization preparing that CUE claim.

[gp747]

Skunk, During the appeal period of the first decision granting an increase was there new and material evidence such as a V.A. examination showing evidence of an increase? If so the decision may be appealable as a CUE claim under 38 CFR 3.400 (q) but you'll need help from DAV or another service organization preparing that CUE claim.

yes i had to go to a c and p exam to get the increase