tonio Posted March 13, 2013 Share Posted March 13, 2013 Congratulations !!!! Thank you for sharing and Thank you for your service Keep up the Good Work !!!! Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted March 13, 2013 HadIt.com Elder Share Posted March 13, 2013 Maybe you should appeal the low ball effective date? If you filed three years ago then you should get retro to that date unless they based your effective date on your C&P exam which is wrong. Now I would get private medical opinions to try and get an increase to 70% and TDIU if you are not working.John Link to comment Share on other sites More sharing options...
c-vet1982 Posted March 13, 2013 Author Share Posted March 13, 2013 I am writing up a NOD and going to include the origination date of March 10 2010 including the verification letter. I honestly don't know if I should pursue my 1981 dates but maybe wasting time not sure... Can I submit 2 nods for the same claim one for the claim and also to 1981 seems a long shot... -Chris Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted March 13, 2013 HadIt.com Elder Share Posted March 13, 2013 You first filed for TBI in 1981 and the denial became final? If it was final the only thing you could do I think is to file a CUE claim if you have evidence the VA made an error in the 1981 rating. You could do that any time. However, the NOD you have one year to file on the 3 years of retro.John Link to comment Share on other sites More sharing options...
carlie Posted March 13, 2013 Share Posted March 13, 2013 VA did not have a DC or rating criteria for TBI other than DC 8045 (Pre Oct 2008) that provided for an evaluation higher than 10 percent for residual disability due to brain trauma - unless there was clear medical evidence of dementia. Link to comment Share on other sites More sharing options...
carlie Posted March 13, 2013 Share Posted March 13, 2013 I am writing up a NOD and going to include the origination date of March 10 2010 including the verification letter. I honestly don't know if I should pursue my 1981 dates but maybe wasting time not sure... Can I submit 2 nods for the same claim one for the claim and also to 1981 seems a long shot... -Chris Before you submit the NOD you could post it here - minus personal info like name, SSA, claim #, etc . . . Also, you could post from the Reasons and Bases Section exactly what and why, VBA hung their hat on the effective date they did. Link to comment Share on other sites More sharing options...
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