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?

[john999]

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?

[autumn]

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! ;-)

[john999]

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.

[autumn]

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

[broncovet]

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.

[john999]

One thing that gets me is say you have a claim on appeal for five years. You submit more evidence in year number five after getting another denial and ask for reconsideration. Now the VA grants your claim, but gives you the date they received the new evidence. What about the five years it was on appeal? This happened to me.