Eed Question

[Vync]

How would EED's work in this situation?

I recently filed a claim to increase SC for a condition because my condition has deteriorated significantly over the past year. Could I request EED's relative to when I met requirements for a lower but increased rating a few months ago, and then a further increase when I met the requirements for a significantly higher rating about a month ago (which was also when I filed my claim).

Thanks

[Philip Rogers]

It is always presumed that the claimant is pursuing the maximum award allowed by law. I would never pursue less but could accept less as a "compromise." As for an EED, when it's a claim for increase, the VA can go back one yr prior to the increase request, if the evidence warrants it.

pr

[Vync]

Regarding § 3.157, I'm no lawyer, but the statement seems circular, possibly canceling the other out.

I just wanted to confirm which date would apply, as I must still be waking up this morning.

- All examinations and treatment by the VAMC - Nobody else

- Initial date where I met 30% = Six months ago

- Initial date where I met 60% = One month ago

- Date claim was submitted = One month ago

I don't think I will need a compromise, as my evidence seems solid.

Thanks

[cowgirl]

For increase its usually 'date claim recieved or entitlement arose' cfr 3.400

Regarding § 3.157, I'm no lawyer, but the statement seems circular, possibly canceling the other out.

I just wanted to confirm which date would apply, as I must still be waking up this morning.

- All examinations and treatment by the VAMC - Nobody else

- Initial date where I met 30% = Six months ago

- Initial date where I met 60% = One month ago

- Date claim was submitted = One month ago

I don't think I will need a compromise, as my evidence seems solid.

Thanks

[carlie]

Regarding § 3.157, I'm no lawyer, but the statement seems circular, possibly canceling the other out.

I just wanted to confirm which date would apply, as I must still be waking up this morning.

- All examinations and treatment by the VAMC - Nobody else

- Initial date where I met 30% = Six months ago

- Initial date where I met 60% = One month ago

- Date claim was submitted = One month ago

I don't think I will need a compromise, as my evidence seems solid.

Thanks

Vync,

I said study it good.

That means break it down and read and re-read it over

about 20 times - seriously.

It can be a very confusing reg.

An ED is not even up for question - until

a claim for increase is filed.

After a cliam for increase is filed and VA determines to

grant an increase THEN an ED comes into play.

If the claim for increase is on a condition that was already SC'd

and you have submitted medical evidence that meets the criteria

for this increase - then

VA is supposed to make an ED of UP TO 12 months prior to the claim

for increase being filed.

This medical evidence that has been submitted can come from either VAMC

or a doctor in private practice.

There's a hell of a lot more to understanding 3.157

but this is the part that pertains to your specific question/s.

jmho,

carlie

[broncovet]

Carlie..

You used the term "Ed" when I think you mean EED. I doubt if you are referring to Erectile Dysfunction, ED.

I dispute your statement,

"An ED is not even up for question - until

a claim for increase is filed."

Again, assuming you are talking about an earlier effective date, it is unnecessary to ask for an increase to get an EED.

You can ask for an EED on any claim, increase or not. You are simply disputing the effective date of the claim, whether or not it was an increase.

That being said, there may well be a very valid point in suggesting to Vync to wait on seeking an EED until you have received the maximum rating you think you can get.

Example: Veteran files for depression and gets awarded 30% in 2002, and later this was increased to 50% in 2007. Veteran is seeking 100%. After Veteran is awarded 100%, he could file a NOD to the decision disputing the effective date.

If the Veteran sought an earlier effective date in 2002, and if it were awarded, he would only get 30% retro back to 2002.

IMHO, the best thing for Vync to do is to wait to seek and EED until the highest rating she thinks she can get has been awarded.. NOT after the increase was "filed".

[carlie]

Carlie..

You used the term "Ed" when I think you mean EED. I doubt if you are referring to Erectile Dysfunction, ED.

broncovet,

If you didn't stay so busy trying trash the VA non-stop, to be Mr. Perfect -

know it all,and stayed on topic a bit more, then you would understand that

ED as quoted by me in this thread, refers to Effective Date.

I dispute your statement,

"An ED is not even up for question - until

a claim for increase is filed."

Again, assuming you are talking about an earlier effective date, it is unnecessary to ask for an increase to get an EED.

You can ask for an EED on any claim, increase or not. You are simply disputing the effective date of the claim, whether or not it was an increase.

broncovet,

This topic concerns effective dates for an increase in compensation of an already SC'd disability.

The Adjudication process:

a) first has to make a decision by medical evidence

as to IF an increase in compensation is warranted

b) if the increase is warranted - THEN and not until then

does the question of ED even come into play for the decision maker.

That being said, there may well be a very valid point in suggesting to Vync to wait on seeking an EED until you have received the maximum rating you think you can get.

Example: Veteran files for depression and gets awarded 30% in 2002, and later this was increased to 50% in 2007.

broncovet,

The increase here in 2007, would have to be due to the vet filing a claim for increase and medical evidence being submitted that shows the veteran now meets

the criteria for 50 percent.

Veteran is seeking 100%. After Veteran is awarded 100%, he could file a NOD to the decision disputing the effective date.

If the Veteran sought an earlier effective date in 2002, and if it were awarded, he would only get 30% retro back to 2002.

broncovet,

The last sentence above makes no sense as the veteran was already awarded

30 percent in 2002.

Additional medical evidence would have to be submitted for the increase to 100 percent.

A NOD can be filed on Rating Decisions within one year.

I notice you did not bother to post a year for the grant of 100 percent,

I guess because that would then be a little tricky in applying adjudication to.

IMHO, the best thing for Vync to do is to wait to seek and EED until the highest rating she thinks she can get has been awarded.. NOT after the increase was "filed".

Vync,

The sentence above, I suggest reading it a few times before adding it to

any plan of action.

jmho,

carlie