Va Erroneous Date For Rating

[green]

Hello everyone,

I'm finishing up with pulling together the support for an application of secondary conditions. In looking at EBenefits I noticed my primary disability is named and rated correctly but that there is a problem with the effective date. They show my effective date as of 2007 when it was in fact 1994. I'm concerned the VA may ask for a re-evaluation and not consider the 20-year rule at some point given the rating factors have changed. What is the best way to get this fixed without creating an issue with my upcoming claim on secondary conditions?

Thank you!

Green

[Guest]

Did you get an increase for this condition in 2007?

[broncovet]

There is much here for appealing effective dates. If your decision awarding the applicable benefits was within a year, then by all means appeal the decision disputing the effective date by filing a NOD.

While I wont repeat what has already been posted on obtaining an EEd, there are several ways:

1. CUE

2. 38 CFR 3.156, N ew and material evidence

3. Pending claim doctrine. If VA failed to adjuticate your claim it is still pending.

[green]

Actually I was awarded 60% in 1994 and have received that rate since. The VA for some reason is saying my effective date of the 60% award is 2007 or 2008 depending on who you talk to. If the date is noted as 1994 (as it should be) the 20 yr award is in effect and as such my rating can never be decreased. So... this is the issue how do I get the VA to acknowledge the earlier date so my rating is never questioned.

Pete, I didn't receive an increase in 2007 as this rate had been established several years prior.

Thanks,

Green

Edited July 17, 2015 by green

[Guest]

Green,

I took a guess and thought you might had gotten an increase but I was wrong. Each time a veteran gets a rating for a particular disability the 20 years clock starts over for the new rating but the clock continue for the old rating. Example: In 1994 you were rating 60% but in 2007 you were increased to 70%. As of 2014 your 60% would be protected but the 70% would not be protected until 2027. Yes, I know this does not apply to you but it is just an example.

If you have a copy of your C-file look at the 1994 rating decision and on the very last page it should list all your service connected and non service connected conditions ( THE LEGEND SHEET). It should show your effective date.

[green]

So, as the rating was December of 1994 a NOD is an inappropriate instrument. In reading the purpose of a CUE doesn't really seem to be the correct tool for a simple administrative error. I had the VA hospital pull my HINQ report this afternoon and the effective date is missing on that form, then the tech logged into the system and again it was missing there as well.

If this was a common sense sort of deal I would think I could write a letter explaining the error, include copies of the 1994 award, and the VA would then make the appropriate changes in all electronic systems. I know common sense doesn't apply when dealing with the VA. Keep in mind I have been receiving the correct compensation for over 20 years and the system does show the correct rating, the issue is the award date....depending on the system it either has no date or an incorrect date of the award.

BTW, I requested copies of my C-File last December, still haven't seen it.

[Buck52]

I would send in copies of your award letter to your RO Request that your 60% be corrected to the proper date 1994 and not as stated to the date of 2007 and attach your award letter as proof of evidence & the correct form and a hand written letter as to your instructions as what you want corrected ( the dates) you would like this to be corrected for your records...as well as records in your C-file

jmo

Buck

Edited July 23, 2015 by Buck52