My Va Claim

[briandalegm]

I have a question which may seem a bit out there. I've noticed, in some forums, that vets have filed claims with an effective date of (for example) February 2014. However, when claim is approved, somehow it gets dated back to (for example) October 2013. One vet even suggested this may have been because of some 'informal claim' the vet made to the VA.

I filed a claim which was denied in 2008. I found supporting evidence just a few weeks ago and opened a new claim as suggested by a county VA rep. Is it a 'pipe-dream' to even think that, perhaps, my claim can be back-dated by the VA to 2008 with no action on my part which happened to the other vets?

[Berta]

"I filed a claim which was denied in 2008. I found supporting evidence just a few weeks ago and opened a new claim as suggested by a county VA rep. Is it a 'pipe-dream' to even think that, perhaps, my claim can be back-dated by the VA to 2008 with no action on my part which happened to the other vets?"

Yes,in my opinion, no action on your part means nada action on VA's part.

We have significant information here at hadit under searchs regarding EEDs.

In 2008 they could have made an error that fails under 38 CFR 3.156 regs.

Or maybe they made a CUE.

Or maybe, regardless of the New Evidence ,they could still deny and not even re-open the claim, or maybe you would succeed and get the date of filing as the EED,in an award letter.

CUE (Clear and unmistakable error) also has much discussion here in the CUE forum and

38 CFR 1.356 also has been discussed here many times.

An SSA award can also favorably impact on an EED for TDIU and that is explained here too.

There are numerous reasons for establishing an EED that would not necessarily be the date of the claim.

You need to succeed on the re=opened claim however ,for any of it to matter.

Can you tell us more?

.

[broncovet]

Maybe. If you get awarded benefits, at the wrong effective date, and you think it should be earlier, then run it by a lawyer or give more details and we will try to answer.

If you have "new and material evidence", then you may be able to "reopen" your claim and get an Earlier Effective date (EED). You can look up

38 CFR 3.156 and see if you think your evidence qualifies under this regulation.

As you pointed out there is also a regulation on Informal claims for increase, where you may also qualify for an EED. Informal claims are covered under 38 CFR 3.155.

If you get a decision awarding benefits, you can appeal the decision disputing the effective date. VA gets it wrong often.

Also, its quite possible your RO decision contains Clear Unmistakable Error, and you may get an EED for that. If you have the RO decision and want to post the "Reasons and bases" for your decision denying benefits, then someone may opine as to whether you have a CUE or not.

I had to laugh..when I posted this and read Berta's post..she said almost the same thing I did, except in different words. Her answer was a bit better than mine, as she included the part about SSA and unemployability, where I did not.

Edited May 7, 2015 by broncovet

[briandalegm]

I'll check out the suggested forum topics and thanks!

[Berta]

Just to add ...for the few here (I hope) who even need to file a Section1151, 38 USC claim.

In 2012 I filed a 1151 claim separate from my past 1151 awards.

After another BATTLE (I am so tired of battles) I was awarded a dew weeks ago , an EED of 1988...that is from 1988 to 1994, the date of my husband's death.

They dont want to pay me the retro and they might be correct, when they finally do my other pending claim correctly.

Their logic is sound to a point and I will file a NOD.....

They have already paid me ( 2012 decision ) 100% under 1151 and cannot pay additional accrued due to the 100% award.

That makes sense....to a point

BUT they still owe me about 16 month under the 1151 CUE I won, at 100% Plus SMC and dependents, so that means their decision not to pay me under the HBP 1151 retro doesn't make sense.

They could pay the HBP retro for those 16 months ot more they still owe me.

The HBP 1151 is only a 10% award for 6 years with 2 dependents..

I actually filed this after the main CUE claim, just to see how VA would handle this 1151 type of situation if it ever comes up here.

They handled it like all of my other claims (SNAFUed and FUBARed up the ying yangs.).....

When they properly finish and award my CUE claim, then their HBP denial of payment will be OK with me ( I think)

Just to mention again ( and again I hope NO ONE here ever goes through this scenario)

100% SC plus 100% Section 1151 for an additional independent disability equals in essence, 200%

They must pay both amounts .

I posted the M21=1MR and 38 CFR regs on that here somewhere, available under a hadit search.

Edited May 20, 2015 by Berta