Earlier Date Of Claim

[mrsvet28]

I am wondering why you need to claim a specific disability for an eed- isnt the original application enough with the disbilities that most were successful after 11 years.

march sent 21-4138/ to open

they withdrew it in June dont know why-

then replied in July to that

now it is a cue in Sept.

award was Nov 09,- anybody make sense of this-

Thanks MrsVet

[john999]

If the VA treats your claim as a CUE it is much harder to prove.

[mrsvet28]

If the VA treats your claim as a CUE it is much harder to prove.

thats what happened with the last one-and it took 11 years- a way around it

what do you think of the downloads -do they make sense

[john999]

What I know is that if your rating became final the only way to change it is usually with a CUE. If the claim has remained open for years due to VA's neglect it is easier. If you filed a claim in 1990 and it remained open until you recently got an award then the ED should be 1990.

[mrsvet28]

What I know is that if your rating became final the only way to change it is usually with a CUE. If the claim has remained open for years due to VA's neglect it is easier. If you filed a claim in 1990 and it remained open until you recently got an award then the ED should be 1990.

Talked to the woman from IRIS inquiry she really did call back-sent and faxed all the papers-so we will see what happens-they tried to say put in a a form 9-but it was never being appealed, I opened it as a new claim, and finally got them to accept the 214138. we'll see what happens -willvkeep posting on the progress

[carlie]

mrsvet,

I am quite confused.

[Berta]

I am with Carlie.

It appears they sent a SOC dated 7/12/2000 with denials of all claimed conditions -referencing a request for proof of continuity of disabilities dated 8/13/99 and they stated that they received no reply to that request.

If you provided the evidence they asked for, (treatment records ,etc) and have proof of mailing it to them-you should raise that issue.

I had a hard time reading the downloads.

I don't know if the claim the SOC is based on would have fallen under the VCAA but still a VCAA letter would have requested the same thing.

What did they award in Nov 2009?

If this is to re open what appears to be a claim denied because they didnt receive the evidence they requested- you need to send them new and material evidence to re open the claim.

"I am wondering why you need to claim a specific disability for an eed- isnt the original application enough with the disbilities that most were successful after 11 years."

No. The earliest entitlement date for one disability might be greatly different from another disability.

TDIU and 100% SC awarded claims can sometimes warrant an earlier EED if the veteran received SSA solely for the exact same disability but these awards are usually only for one more year of retro.

Personal example:

Husband was 30 SC PTSD 1984

applied for higher PTSD rating Oct 1992 by letter

SSA awarded solely for PTSD EED Nov 1991.

applied for TDIU in 1992 on 21-8940 but this form was never acknowledged by VA.

(also filed 1151 claim March 1994)

posthumously awarded 100% SC PTSD July 1997, with EED of Nov 1, 1991 for 100% PTSD (same date of unemployability of SSA award)

Sec 1151 and FTCA award in 1997/1998

Obviously these were pending claims I had to re-open under my name after he died and continued to send them evidence.

The PTSD award involved evidence outside of the extensive psychological tests he had as well as years of PTSD therapy.

Such as an EEOC case he had against the VA.And personnel records from his employers.And 2 hospitalizations for PTSD.He had continuity of treatment since the first day of his diagnosis in 1984 and probably should have asked for an increase much sooner than he did.