Asthma And Effective Date

[Getting Old]

Back in 2002 i went to Walter Reed and was medical boarded out and was told "because i had asthma as a child, i was ineligible"....my question is... i recently in, 2010, got 30% awarded for SC asthma. and they only gave me backpay when i filed the claim, but should it go back when i went in front of the medical board in Walter Reed? thanks for all the info!

[carlie]

Interested, No I went to the va to file a claim when i first got out and the VA rep told me i didnt have a chance at winning, so i never persued it until july 1, 2010.And was granted SC asthma. Come to find out the guy that told me i didnt have a chance was about to retire and didnt really want to work(I have a family member that works in the office).

Thanks Mark

In the situation you have presented - I see no reg that would support an EED, prior to a claim being filed.

JMHO

[Getting Old]

I think your right on this one, I just thought that since i went threw the MEB at walter reed that maybe that would of been my effective date.Thats ok im just happy that i got 30%

Thanks for your help Mark

[broncovet]

There are multiple methods of obtaining an EED. CUE is but one method, and there are multiple possible CUE methods. Without actually reviewing your C file, it is unlikely we would know whether or not there was an error that meets CUE criteria. Another method of obtaining an EED is by resubmitting New SERVICE records, that the VA did not have before. See 38 CFR 3.156

Still another method of obtaining an EED is through an informal claim. The VA is required to give you a notice of appeal, and in some circumstances a notice failure can result in the claim date being the date of the informal claim. If you have already submitted a formal claim it is possible that a hospital stay or doctor visit can be an Informal claim for increase, provided it meet the criteria. An informal claim for increase needs to be 1)in writing 2) it needs to specify the benefit sought and 3) it needs to show an intent to apply for one or more benefits.

The above is not an exhaustive list, but a few examples of how an EED can be obtained. I would not suggest you give up until at least you have thoroughly checked out all of the above AND had an experienced VA lawyer look at your claim also.

[carlie]

Still another method of obtaining an EED is through an informal claim. The VA is required to give you a notice of appeal, and in some circumstances a notice failure can result in the claim date being the date of the informal claim. If you have already submitted a formal claim it is possible that a hospital stay or doctor visit can be an Informal claim for increase, provided it meet the criteria. An informal claim for increase needs to be 1)in writing 2) it needs to specify the benefit sought and 3) it needs to show an intent to apply for one or more benefits.

3.157 can be applied to some of the above situation.

JMHO

[Hoppy]

Before you toss in the towel on the EED I think you should talk with an attorney about the failure of the military to properly adjudicate your condition at the time of discharge. Is it possible you have an open unadjudicated claim with the military? I would see if there is any appeal procedure available involving the military's determination that your condition was not eligible for service connection that would be comparable to a CUE. In other words try to get the retro from the military.

The severity of the condition determines whether a Soldier, who is eligible for disability

benefits, receives disability retirement or is separated with severance pay. Soldiers rated

with a 0, 10 or 20 % disability who have less than 20 years of active service or 7200

points of combined service, will be separated with severance pay. To compute disability

severance pay, multiply the Soldier's basic pay for two months by the number of

combined years (but not over 12)of active service and inactive duty points.

NOTE: There is no differencebetween a 0%, 10%, or 20% rating in the calculation of

the amount of severance pay thatis received. The rating is NOT a factor in determining

severance pay.

Soldiers with 20 or more years ofactive military service or 7200 points of combined

service, or possessing a disability rated at 30 % or more, receive disability retirement.

Disability retirement is either temporary or permanent depending on the stability of the

Soldier's medical condition.Temporary disability retirement pay is computed in the

following manner for service members with less than 20 years of active military service

(or 7200 points of combinedservice):

• 30%-50% disability rating = 50%of basic pay*

• 50%-70% disability rating =that percentage of basic pay*

•80%-100% disability rating = 75% of basic pay*

Edited September 13, 2011 by Hoppy

[Getting Old]

I want to point out one more thing, that is they tried to say i got severance pay when i did not.

And what is a c-file and where can i veiw it at?

How can I see my c&p exam?

And how can i see my paper work, from when I went threw the MED/PEB at Walter Reed?

Thank you for your help as I really need it.

And im going to type up there decision and let you guys/gals pick though it.

Mark