Earlier Effective Date ?

[militarynurse]

The situation: After appeal using a lawyer, a compensation claim is remanded back to the RO by the CAVC and service connection was then finally granted by the RO but with an effective date inexplicably years after the original claim was filed. A NOD was not timely filed for the earlier effective date (EED).

Question: 1) Is the wrong effective date a misapplication of law and hence a CUE?

2) Since the time for a NOD has run out, is there any remedy to obtaining an EED after that point?

The only issue is for obtaining an earlier effective date back to the date the original claim was filed.

Keeping this simple, isn't the VA supposed to use the original filing date as the effective date of the claim?

Any assistance appreciated.

Edited March 12, 2014 by militarynurse

[militarynurse]

ketchup56, I took a look at 38cfr 3.156, however, I'm not sure providing new and material evidence would obtain what I'm seeking that being an effective date back to when the original claim was filed that I cannot NOD because the time to do so ran out.

My simple question is: if the VA erroneously uses a later effective date than the original filing date of a granted claim can this be "cue'd" to correct their mistake once the time limits for a NOD have expired?

Edited March 12, 2014 by militarynurse

[ollieee6]

Did you get this all figured out?

Edited November 14, 2014 by ollieee6

[john999]

In my CUE the VA clearly excluded my doctor's evidence. So far I am losing because before 1990 something the VA had the assumption that they read and considered all evidence of record even if it wasn't mentioned one time in the rating. There are more mines in a CUE than IED's in Iraq.

[broncovet]

military nurse

Have you discussed the effective date with your lawyer? What did he say? If you no longer wish to use his or her services, you could at least bring your whole cfile, if available, to another VA experienced attorney, and see what he says.

Read this over and see if any of these apply to your case:

http://www.purplehea...ate ErrorsL.pdf

CUE, in my humble opinion is a "last resort" only when all the above fail.

There are multiple instances where its possible to win an EED without CUE. One thing to check: What was the date YOUR DOCTOR said you were disabled? If you applied in 2002, but your doc did not say you were disabled until 2009, you will get the latter date. You need to check your medical records on that.

One important exception that may help you on an effective date: New evidence, especially "new service records".

You can read 38cfR 3.156 as someone suggested for details.

[Dr. Ken Tennant]

I am rated 100% "Service-Connected." The VA missed the correct effective date, 1987 and kept all of the interest for the retro-active compensation they did pay, about $80,000. I appealed for an Earlier Effective date. On June 20, 2012 I met with BVA Judge Kathy Banfield. I presented evidence/service records that demonstrate the nexus. She stated: "I think you made your case." Two years later, however, her deceptive dishonest denial said something else. I disagreed. The BVA determined it would be a C.U.E.. If they new it was a Clear & Unmistakable Error, why did they not correct it when they discovered it ? And, why am I not getting any ssdi benefits ? (SSA = Corrupt, employs incompetent and or dishonest only?) After reading: Top Heavy Salaries and Dead Weight Administrators, Chip Tatum & White House Review of VA Finds "Corrosive Culture,"-REUTERS & Vets Rights Hijacked Without Benefit of Hearings, Michael Connelly, USJF and You Tube: AMERICAN VETERAN: Discarded and Forgotten, by Gary Null, it appears that there is no oversight or accountability. Google: Kenneth Tennant (Domestic Terrorism: USA vs Veterans and the First Amendment) These are examples of Gov't Sponsored CriminalActivities. Please SHARE with Whom It Should Concern. How much longer do I have to wait for an award ?-KTennantDC (at) gmail (dot) com

[hollywoodnc]

In my CUE the VA clearly excluded my doctor's evidence. So far I am losing because before 1990 something the VA had the assumption that they read and considered all evidence of record even if it wasn't mentioned one time in the rating. There are more mines in a CUE than IED's in Iraq.

Mine is similar to yours. However, mine dates back to 4/1976. Doctor notes all ignored for additional ailments! I was viewed as only 10% by these clowns, with a 'generalized' ortho disability for arthritis.

They forgot...

Pin Penetration (failed prosthetic)

Avascular Necrosis

Spurring

Cannot cross left over right leg

Minor and Uncompensable: 1/2" Leg Length Discrepancy