Eed - What's The Difficulty Level

[autumn]

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?

[autumn]

John is right. There is that "gotcha" clause that when you submit "new and material evidence" the earliest effective date is the date you get is the date you submitted the new evidence. Interestingly, and most informative, is that when this evidence you submit is "Service Medical Records", then the effective date goes back to when you applied, not when you submitted evidence. This alone can be worth big bucks. For more information read 38 CFR 3.156 a and 38 CFR 3.156 c:

http://cfr.vlex.com/...idence-19776250

I also agree there is a certain amount of "luck of the draw". However,some of those "poker players" seem to win much more than others. I think that "luck" tends to favor the well prepared, well informed, and well disciplined. I think that is, in part, why hadit members "get lucky" on their claims more often than others.

been a great source in keeping my disciplined when i act, though i complain on here a bit. the education here helps one to have a bit more patience than when fighting in the dark with little vision.

[john999]

When I first posted on Hadit about ten years ago I did not know what TDIU was, and one year later I had it. In all the years I used the DAV they never mentioned it once even when I was on SSD. Hadit is a big help to get ideas and support. The VA is pretty slick, but information and knowledge can defeat them. The VA offers benefits to veterans and then sets up barriors to getting them. When the VA should be doing outreach they are making things mysterious. For instance, SMC is a concept few understand and the VA does not help.

[cooter]

The VA offers benefits to veterans and then sets up barriors to getting them

You couldn't of said it any clearer than that!!!!

[majrrich1]

Ifiled a claim for EED . I went to a VSO in Aug 2006 signed all appropriatre documents my claim was never filed with the VA. I called the VSO several times never getting a satisfactory answer as to why my claim was not submitted to the VA. I contacted the VA by Email they said they had no record of a claim being filed. Finally I submitted my claim directly to the VA Jan 2007 I won my claim with a effective date of Jan 2007. Approx 2 months ago the VSO I used resigned because he failed to file claims. He was apaid employee of the County I live in

Any thoughts on getting a eariler effective date To Aug 2006 when I first submittted it to the VSO

Thanks

[cooter]

JMO, Since the claim never reached VA's claim's department, I seriously doubt you have a leg to stand on. On the other hand, if your VSO gave you stamped dated copy proving the claim was indeed turned in, then you would have a better chance. Other members here may chime in with their opinion as well.

[john999]

Sue the VSO! I think you sue them for malpractice in state court. Berta knows the answer to this question. You won't get an EED, but you might recover something from the VSO.