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]

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.

not a pretty picture to say the least. i think i'll ask my rep about all this and see where his head is at with this.

since the navy and va kept telling me i didn't have ms all through the years, i didn't appeal for "ms" or "ms related issues" when i was discharged. i appealed for a higher percentage a few months after discharge and won that for my back issue. all appeals for the spine issues (increase and to correct diagnostic codes) were are denied through the years. twice with pva representation.

that is some fairly complicated confusing items you mention. though i certainly didn't expect the va to allow a fair up hill climb.

[autumn]

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.

i'm not qualified to answer but hope carlie or berta chimes in on an answer. i'd be interested in that

good luck with the five years back pay.

[Chuck75]

You rolls the dice and - - -

Is probably the best way to put it!

In principal, the VA should go back to the appealed denial for an EDD.

In fact, they often do not, for whatever reasons. Then, there is the problem that the VA is inconsistent, does not necessarily follow the law when it comes to clauses that favor a veteran.

It is possible to get the VA to do an administrative action that has the same effect as a CUE. Again, there is no consistency to the VA's actions.

[carlie]

You rolls the dice and - - -

Is probably the best way to put it!

In principal, the VA should go back to the appealed denial for an EDD.

In fact, they often do not, for whatever reasons. Then, there is the problem that the VA is inconsistent, does not necessarily follow the law when it comes to clauses that favor a veteran.

It is possible to get the VA to do an administrative action that has the same effect as a CUE. Again, there is no consistency to the VA's actions.

DITTO !

Many times it's all in the luck of the draw.

JMHO

[carlie]

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.

Most likely it is because the evidence that was submitted "in year number five" is the

only evidence of record - that turned the prior decisions to the claimants favor.

This may also bring about the application of staged ratings.

JMHO

[broncovet]

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/vid/3-156-new-and-material-evidence-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.