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nette3295
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I know that this question might have been asked 100 times or more but here's the questions I bring to you. Back in 2003 I applied for disability for my migraine headaches and my rheumatoid arthritis at the time I was denied for service connection and by 2005 I was out of applies so I did nothing else about it,fast forward to 2012 I filed another claim for PTSD due to MST was granted 100% I used mt records from SSDI which I have been getting since 2002 In 2014 I requested to reopen my claim for RA and Migraines to be reopen they were reopened and within 4 months I was granted 100% for the rheumatoid arthritis and 50% for the migraines which now I am getting 100% with SMC and being housebound (which don't understand that either).I want to know can I request that the VA go back to an EED for the PTSD/MSt even though I only applied in 2012 and can I request an EED for the RA and Headaches, I feel that for years the VA has done me wrong caused my family a lot of hardship and pain I don't really know how to go about doing this even though all the claims thus far I did do on my own without the help of anyone because i was afraid no one would help me can someone here in this group pleas tell me what you think Thank you in advance

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I'd go after the EED. You could win but it depends on what happened and how much you are willing to fight for it. Housebound(HB) was probably awarded because you have 100% for PTSD and 100% for RA/migraines. I'd also go after the HB for an EED. You could have some descent money accruing. (I estimate about $33k, or more, at minimum.) You need to post your original denial/decision, blocking any personal info, so we can give you an informed opinion(s). It could be an open claim or a CUE. jmo

pr

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nette: Time is MONEY! Knowledge is KING/QUEEN!

PR calculated your retro could be $33K min. How bad do you need it and how long are you prepared to wait to get it?

You just might want to avail yourself of about (3) FREE Legal consults with VA Accredited Attorneys. I did (2 online - 1 local) about (3) months before my 6/14 DRO Hearing just to see what the VA Appeal Pros thought. Gave me a stronger sense that I would prevail at my Hearing. (1) said I would win at the DRO and gave me a few pointers, the other (2 online national firms) said I would eventually win but wanted me to cancel the DRO Hearing and proceed with their firms to the BVA. All (3) quoted 20% of Retro for Representation. I also checked out VA Appeals Attorney Chris Attig's Vet's Law Blog. Spent about $40.00 on a couple of his E Books. Followed about (4) of his recommendations and ended up being awarded all major $ issues on my (2) pending NODs. Let's see, (3) 20 min Legal consults and $40.00 in Attig's E-books saved me over $18K of my retro for attorney fees.

As with everything regarding your claims and appeals, it all ends up with you making the decision that your most comfortable with. If your knowledgeable and informed, you should be making the best decision based on the facts not feelings.

Semper Fi

Gastone

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Nette: Sorry, forgot you were concerned about your Comp payments being stopped. My current understanding of the VA and your current Comp Payments is: unless a Fraud issue is discovered, you really don't have to worry about appealing your Decision or opening a new claim stopping your current Comp payments. With that said, any time you give the VA a reason to review your C-File (claim-appeal-or schedualed review) there is always a chance that (1 or more) of your SC conditions has improved and could be open for re rating. You would have to be notified in writing and provided an opportunity to defend against the proposed reduction. I think I read that the VA can only reduce your current SC to the next lower level on the 38 CFR 4 for the improved condition. This remains the case until you've held the rating for 20 years.

I think you mentioned that your housebound. Are you enrolled in the VA Independant Living Program that is part of the VA Vocational Rehabilitation Dept. If not, check it out. A couple Nam Vets I work with have received many additional benefits that they weren't aware were available to them. One Vet has been 100% SC over 20 yrs, has received $6500 grant for Bathroom updates, computer/printer, lift chair w/heat-massage and air bed for he and his wife.

Semper Fi

Gastoe

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nette: Time is MONEY! Knowledge is KING/QUEEN!

PR calculated your retro could be $33K min. How bad do you need it and how long are you prepared to wait to get it?

You just might want to avail yourself of about (3) FREE Legal consults with VA Accredited Attorneys. I did (2 online - 1 local) about (3) months before my 6/14 DRO Hearing just to see what the VA Appeal Pros thought. Gave me a stronger sense that I would prevail at my Hearing. (1) said I would win at the DRO and gave me a few pointers, the other (2 online national firms) said I would eventually win but wanted me to cancel the DRO Hearing and proceed with their firms to the BVA. All (3) quoted 20% of Retro for Representation. I also checked out VA Appeals Attorney Chris Attig's Vet's Law Blog. Spent about $40.00 on a couple of his E Books. Followed about (4) of his recommendations and ended up being awarded all major $ issues on my (2) pending NODs. Let's see, (3) 20 min Legal consults and $40.00 in Attig's E-books saved me over $18K of my retro for attorney fees.

As with everything regarding your claims and appeals, it all ends up with you making the decision that your most comfortable with. If your knowledgeable and informed, you should be making the best decision based on the facts not feelings.

Semper Fi

Gastone

Congrats on your Win!!

Reading stories like this are EXACTLY why I started the Veterans Law Blog: I wanted to see more Veterans win their own claims and appeals without having to dump thousands into attorney fees (unless they wanted to, or unless they have one of those hard to win cases that demands a lawyer).

Too many Veterans are being forced to make the choice between 3 options:

1) A VSO that doesn't know a C-File from a C-Clamp

2) An attorney that is charging 20-30% contingency for one letter at the tail end of your claim

3) Wading - unrepresented - through a complex claims system.

A little bit of information is a LOT of power in your VA Claim. Way to go...if you think to, let me know what posts helped you the most so I can get MORE published like that.

Seriously - the Veterans Law Blog is for Veterans - tell me what you need to know. Email: Support@veteranslawblog.org

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Generally, the date of entitlement is the date of claim. This is inviolate like the speed of light. If it were a reopen for increase, and if your medical records could prove entitlement to a higher rating up to a year before your claim for increase, that would be the highest and best rating and date of claim. VA believes that if you want something like a rating, it behooves you to speak up and ask for it. They say they are not mindreaders and cannot intuit that you wanted it earlier or they would have done so. Therefore we are limited to the date we file for our claims.

I think this is fair. No one told me to go off base in 1973 and file for my injuries. Nowadays they do to the point you can file while you are still in. I don't see where that is adversarial or entitles anyone to a date earlier than filing. I feel this would be unfair to other Vets to clog the system with unwinnable claims. When you file, it should be for legitimate circumstances and proven entitlement. Shotgunning an EED into the dark on appeal in the belief you can win when the law clearly states otherwise is irresponsible.

I advocate long and hard for the most complicated of claims that are the most difficult to win. I fight long and hard for what is legitimately entitled and no more. No spaghetti filings to see what will stick. The delay is long enough as it is without making others wait interminabley for an inevitable denial.

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