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Question About Retro?


Buck52

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IF a veteran established SC.for his disability but with 0% in 2010 and refiled for increase in 2014 for the same disability and was awarded 50% for that same disability

could he appeal the decision because they should have rated his disability back in 2010?? VA says they base this on his refile for increase in 2014& awared the 50%

he was awarded the 50%in 2014 and happy with it . I said hang on here something not right I'll find out.

I had another vet helping me with his claim and he mention that to me?

Anybody know for sure? if he can get reto back to his original file date? for the 50%increase?

Thanks in Advance

..............Buck!

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  • HadIt.com Elder

When was information introduced to the record that shows onset of worsening before the date they calculated? Usually it is from the date of the unofficial or official claim forward, not back to forever- unless there was an error.

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He was sent for C&P in 2014 because he filed for increase in 2014 that's when they came back with 50%increase!

4 years later! from the original file date in 2010.

Buck!

Edited by Buck52 (see edit history)
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Effective dates may just be THE most complex portion of VA law. I have studied effective dates in a fair amount of detail.

Your best information is to read the NVLSP information on "Common VA effective date errors".

I will help as much as I can.

Did you appeal the 2010 decision within the one year time period? If no, you have a much more difficult job in getting a 2010 effective date.

But, all is not lost.

One of the best ways to get an earlier effective date is to use 38 CFR 3.156. This, basically says if you submit new and material evidence, then that should go back to the date you first applied, that is, if you are in the appeal period.

Example:

You applied in 2010, and got 0%. But, you find out the VA did not know about a particular doc report, and that doc report had highly favorable evidence, and they gave you zero percent but after they find out the new evidence they should rate you back to 2010, the beginning of the appeal period.

Dont take my word for it, read this and see if it applies to your case:

http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

Or, take it to an experienced lawyer for VA claimants, and see what he says.

Edited by broncovet (see edit history)
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  • HadIt.com Elder

But, that evidence has to be from that time period, right? You can't, say, appeal, and on the last day of the year after get in your appeal form, and the evidence from a C&P had afterthat, and expect the effective date to back to when you originally appealed.

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broncovet

unfortunately no he did not file within a year for increase!

I just found out about this a month ago and decided to help this vet....but aren't they exceptions in the provision of the CFR's?

we working on your ''example'' he needs to get me all of his medical reports back to the date for increase but I wanted the med report from the 2010 date of 0 % Award.

..........Buck!

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Yes, there are exceptions. 38cfr 3.156 a,b, and c are one set of exceptions. Other exceptions are those decisions containing CUE. Still more exceptions are listed in the "common effective date errors" by nvlsp. You know much more about the Veteran you are helping than I do, so I dont know if/how much the effective date errors apply to your Veteran.

However, it could involve retro of about 60 months or so, so it may well be worth hiring an attorney or at least have him look/see.

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section 38 3.156 © Earliest Effective Dates

not to reopen claim but reconsideration!

I read that if the veteran sends medical evidence that is favorable to his reconsideration after awarded the 50% then he is entitled to the original date as the earliest effective date? it don't say any time limit?

but it does say after award if vetern disagree with the decision then he has one year or files in timely manner.

it don't read exactly like that but similar.

Maybe I am reading that wrong?

But This is what I was thinking?

but this veteran never filed the increase until 4 years later from 2010 to 2014 so that might ''cost'' him?

I am still researching!

Thanks Everyone!

Buck!

Edited by Buck52 (see edit history)
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broncovet,

This veteran don't have anything about his claim he never kept anything nothing! so I am just trying to see if I can help him all I got is his part of his Award letter from 2014 giving him 50% he or who ever? filed 2 -4 20 14 was awarded 9-25-2014 original claim 6-3 2010 awarded 0% SC.

Heck fire I was helping Veteran last Nov 2014 and I had to stop helping him on Ms carlie advise he was to verbally agurumentive and seem unappreciative & down right mean. could not please him he kept on saying hell no lets send this to them ****** he would get mad as hell if I said no we can't do that we got to get our ducks in a row VA law Is very complicated...he said COMPLICATED MY A**

Oh well I keep trying!

..............Buck!

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Well based on 38 CFR 3.156 section © He or someone should have appeal the decision within one year for reconsideration and not reopen the claim but its moot now no appeal was found , But I don't understand there's no time limit on a reconsideration are they? I am still searching for it if he did appeal he don't remember? eh!

I read 38 CFR's 3.156 a. b .c ...> Section C is the one in question?

Have his C-file requested at present!

...........Buck!

Edited by Buck52 (see edit history)
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maybe file for an earlier effective date if the medical evidence from the original doctors or va show the same conditions

but good luck i have a NOD for an Earler effective start date and doctors letters and buddy letter and its been 2 years still waiting

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