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Va Erroneous Date For Rating

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green

Question

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

Green

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Hi Buck,

That is exactly what I have done. We will see if it makes a difference.


Hi Buck,

That is exactly what I have done. We will see if it makes a difference.

Green

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So I asked the question in IRIS and this is what they sent me back:

July 27, 2015

Dear Mr. Green,

Thank you for your inquiry of July 17, 2015.

In reviewing of our records we show that you received you 60% disability for Diabetes Mellitus as of December 1, 2007. The ratings itself was backdated for monetary purposes to the effective date of July 1, 2005.

Please let us know if you have any further questions.

Sincerely,

DIRECTOR, PHOENIX REGIONAL OFFICE

Of course the information is incorrect as I was rated and have been receiving this since December 1994. Absolutely stupid

Green

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In case others read this section in the future:

I received a call from the RO today letting me know that as EBenefits hasn't been around long the date noted is not indicative or accurate but that they rely on records.  They stated that the actual date in my records is in fact 12/1994.  So, crisis averted.

Green

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Great...these little problems, if overlooked , can become BIG problems.

If I were you however, I would hold onto the award letter and rating sheet for that 12/1994 EED.I would even make a few copies of it and put them in a safe place.

I have held onto over 20 years of VA stuff. And sure glad I did. I used some stuff for a 2012 1151 HBP claim dated 1997 from VACO and used a 1998 decision for a 3 part CUE claim they awarded.

I had to aggressively appeal or CUE  just about every decision I ever got from the VA.

But once they document anything in a decision , they have established that as a fact. 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I would sooner throw out my brith certificate than anything to or from the VA.

You can always quickly get a new one from the state, but with a decision letter the VA might have committed a eensie weensie, tiny, small, troubling,  very sorry, apologies mistake and shredded it....shucks, sorry vet.../..............................................actually I just reviewed your records and theres no evidence of a decision for that claim, do you happen to have the letter? no ok, well it was CUE then our fault, well just reduce you.

70% - PTSD

->50% - OSA (Secondary to PTSD)

30% - Bilateral Pes Planus w/Plantar Fasciitis

30% - Migraines

10% - Tinnitus

20% - Back

0% - bilateral shin splints

 

 

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