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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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autumn

Eed - What's The Difficulty Level

Question

not sure if this is the correct forum for this question...

NSO is going to try for EED once the ms secondary issues get rated. is this a fairly long process like an appeals thing?

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I believe he will have to file an appeal when you get rated if you want an EED. Why was the request for the earliest effective date not included in the claim? What are you basing the request for an EED on in this claim that is about to be rated for a different ED?

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I believe he will have to file an appeal when you get rated if you want an EED. Why was the request for the earliest effective date not included in the claim? What are you basing the request for an EED on in this claim that is about to be rated for a different ED?

i don't know why that request wasn't included. i suspect, he wants to get all the ms medical related rateable issues listed/granted first.

i think, due to va sc'd the ms last year. that date goes back further than the date i filed the original claim for ms on. medical evidence proved the ms sc at during active duty. so i think he wants to claim earlier date -- which makes sense.

claims were filed way back then though not for ms (seems everyone swept that aspect under the carpet all these years). so maybe he thinks ED is the way to go versus CUE ? hard to say. i can't seem to keep all this straight in my head. hadit always returns calls! ;-)

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Get the EED if you can do it since the VA owes it to you and your VSO thinks they owe it to you. It is often best to get a rating and then go back and file a CUE or for EED. Getting the rating is the main thing.

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Get the EED if you can do it since the VA owes it to you and your VSO thinks they owe it to you. It is often best to get a rating and then go back and file a CUE or for EED. Getting the rating is the main thing.

agreed,

cheers

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I am going through an appeal for an earlier effective date right now. They are just as complicated, if not more so, than an original claim. Let me just give you ONE example: Did you know there is a "3 part test" to see if a visit to your doc is an Informal claim to establish the effective date

To be a claim, it has to meet all threee of these criteria:

1. It has to be in writing. There is pretty much no compromise on this.

2. It has to "show intent" to apply for benefits. It is not enough that you go to the doc and talk to him about your arthritis you think was caused by an old service wound. You see, the VA will say, "Ok...well he sought treatment for arthritis, this is different than asking for benefits for arthritis". You have to "show intent" to apply for a benefit.

3. And, you have to meet the defination that "specifies the benefit sought". This can be complicated. You are supposed to be able to "point to a body part and say, I want to apply for the knee?" Question is, which knee? does this include the thigh? What if the other knee compensates and hurts too? What if its a muscle problem that spreads to other areas of the body, or even moves?

Next, when filing for an eed, you have to worry about previous decisions. Were they timely appealed? If not did you forfeit your EED by not appealing? Did you "continiously prosecute" your claim, or did you abandon it.? What issues did your NOD encompass?

EED's are one of the most complex parts of VA law, and they take years.

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 0 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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