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?

[Berta]

You bet!!!!!!!!!!!!!!!!!!SUE!!!!!!!!!!!!!!

He might even settle out of court if you get a lawyer and start proceedings.

If your medical evidence at time of the original claim warranted the better EED, this could be worth your while to sue him.

That is something you have to determine.I only know of one vet who sued their VET rep and won. But there are more I am sure.

I had similiar problems with my former vet reps.

I didn't sue because I knew my claim would succeed and therefore no damages to sue over.

I did however file an extensive complaint with the OGC against them.Four of them will never treat vets or widows like that again.3 are gone and one was demoted.ooops four are gone ---forgot one.5 were involved.

I am not aware if they left directly due to my complaint but am very satisfied they no longer represent vets.

John is right-this type of malpractice is a state court action.

When I sued my other rep from the DAV I made mistake of insisting it was a federal issue question and filed in Federal court.

But in that case, I won my claims between depositions so there was no further cause of action anyhow.

I felt then and still believe that all of these Congressionally chartered vet orgs should fall under federal question issues

stemming from federal court Rules of Procedure when they pay vet reps and NSOs who dont do their jobs well and dont understand VA 101.

[autumn]

thank goodness some vets like yourself were (are) able to sue and put the brakes on some of these people. too bad vets can't keep a "check & balance" on VA doctors like this. not to be vindictive but most on hadit.com have been blindsided by downright absolute medical care/reporting just to ensure no rightful disability -- in civilian world that gets close to malpractice IMHO.

honestly, i'm glad Berta educated us(me) regarding this. i didn't realize Congress/fed pays these reps at these service orgs -- did i understand that correctly?

[broncovet]

Majrich

Im confused about your post. You said you "filed an EED". Well, you dont "file an EED" More accurately, you appeal a decision disputing the effective date by filing a NOD. I think the distinction is important, because you may well have an appeal pending. If you have an appeal pending, you could still win your EED even if you got a RO decision awarding you another effective date.

If you appealed the effective date with a NOD, and you got some correspondence from the VA indicating they received your NOD, then that appeal is still pending.

You see, a Veteran, upon filing a NOD is entitled to appealate review. That is different than another RO decision. It sounds like the RO messed up here, not the VSO and I will tell you why I think so:

The RO must have regarded your NOD as reopening with N and M evidence. The earliest effective date you can get based on reopening with N and M evidence is the date you filed for reopening. This is apparently the effective date they gave you. However, you were appealing the effective date, NOT reopeing with N and M evidence, which means you get the effective date back from the get go, if you win your appeal of the effective date.

To figure this all out, get a copy of your C file. See if there is a NOD in it. If the VA has awarded an EED based on N and M evidence, then they should so state in the decision.

It sounds to me like the VA has hornswaggled you into thinking your NOD was N and M evidence. Dont buy their hornswaggle.