Will This Affect My Effective Date?

[BigRed]

Hello everyone and thanks for all of the help that you provide.

I was denied sc for Nasal infections in 2005 and appealed it. The appeal is still ongoing.

I opened a new claim in 2012 for Nasal infections claimed as Sinusitis and was service connected for Sinusitis in 2013. How will this affect my 2005 Appeal? Will I lose the original effective date of 2005?

thanks,
Redd77

[Berta]

Where is that appeal at now......I assume you mean it has been in process for 8 years so far......

How did the 2013 award letter account for the 2005 claim still in process?

Why didnt VA resolve the 2005 claim by now??????? What is the last status you have received on that older claim?

I had a claim in process for almost 8 years so that isnt too unusual and I continuously prosecuted that claim.SMC CUE under 1151

Then in Aug 2010 I filed a new claim under AO IHD death.

I stated to the Nehmer people that since the 2004 CUE claim remained in progress (I was set for BVA transfer on that) I felt they should address that older pending issue first as it could impact on the AO IHD award.

They did and awarded both claims in the Nehmer award letter.in 2012.

The ratable level of your sinus condition in 2005 is a factor in the VA determining the proper EED and retro for you.

If the sinus claim is at the BVA I would send them the award letter in a heartbeat in support of the appeal there.

And then check with the BVA ombudsman to make sure BVA got it.

If the older claim however, is not in any appellate status anymore, you can file a CUE regarding the 2005 claim.If, a big IF,

the results would have been the same in 2005 as in your recent award letter.

The CUE would have to be on a legal error.....

CUES to me are like the Watergate question:

What did VA know and when did they know it....

If that older claim was denied and not in any appeals status (but you say it is)

Did VA know at time of the alleged CUE .....what the VA knew when they made the recent award?

I am sure concerned here though for anyone with an appeal in for 8 years.

In my case it took 8 years because my RO couldn't read.The Nehmer RO could read.

[broncovet]

If your new claim is awarded with the "new" effective date, file a NOD. VA loves to hornswaggle Veterans at every turn, including effective dates. Nothing for you to do now except wait for decisions and then appeal the effective date if necessary.

[BigRed]

Where is that appeal at now......I assume you mean it has been in process for 8 years so far......

How did the 2013 award letter account for the 2005 claim still in process?

Why didnt VA resolve the 2005 claim by now??????? What is the last status you have received on that older claim?

I had a claim in process for almost 8 years so that isnt too unusual and I continuously prosecuted that claim.SMC CUE under 1151

Then in Aug 2010 I filed a new claim under AO IHD death.

I stated to the Nehmer people that since the 2004 CUE claim remained in progress (I was set for BVA transfer on that) I felt they should address that older pending issue first as it could impact on the AO IHD award.

They did and awarded both claims in the Nehmer award letter.in 2012.

The ratable level of your sinus condition in 2005 is a factor in the VA determining the proper EED and retro for you.

If the sinus claim is at the BVA I would send them the award letter in a heartbeat in support of the appeal there.

And then check with the BVA ombudsman to make sure BVA got it.

If the older claim however, is not in any appellate status anymore, you can file a CUE regarding the 2005 claim.If, a big IF,

the results would have been the same in 2005 as in your recent award letter.

The CUE would have to be on a legal error.....

CUES to me are like the Watergate question:

What did VA know and when did they know it....

If that older claim was denied and not in any appeals status (but you say it is)

Did VA know at time of the alleged CUE .....what the VA knew when they made the recent award?

I am sure concerned here though for anyone with an appeal in for 8 years.

In my case it took 8 years because my RO couldn't read.The Nehmer RO could read.

Berta,

The appeal is with the RO (DRO review) and on EBennies listed for the past year as "Administrative Review".

The award letter did not address the claim that is still in appeal at all.

[john999]

VA made my DMII award effective same day as my C&P exam. This was BS, but since it did not affect my compensation level I let it slide. I soon filed two more claims as secondary to DMII and even got SMC "S" due to secondary conditions. If your effective date means money then I would fight for it. I got ED for TDIU about 6 months earlier based on hospital admission and SSD award.

[Berta]

"The appeal is with the RO (DRO review) and on EBennies listed for the past year as "Administrative Review".

The award letter did not address the claim that is still in appeal at all."

Well at least it is still in appeal at the RO.......I guess all you can do is wait BigRed...

VA might not even realize that nasal infections can 'as likely as not' be actually Sinusitus.

[BigRed]

That is what I'll do Berta. When I finally do receive the decision (SOC) I think that I'll have to hire a lawyer because it will probably be so confusing at that point.

BigRed