Date of Claim - Started vs Submitted on eBenefits

[K_C]

Apologies if this has been answered somewhere already--I looked here and on Google but can't seem to find a clear answer to what seems like a simple question. Thank you in advance for any clarity!

So, Date of Claim generally becomes the Effective Date on approved claims. But, what is the Date of Claim when filing on eBenefits?

My understanding has been thus far that the Date of Claim is the date in which you opened/started the claim on eBenefits. In other words, the date you filled out the first form of the series. Once you do this, they email you a receipt with yada yada yada you have 365 days to complete this claim. On my last claim, this is what they counted as the Date of Claim.

On my second claim, they appear to be treating the Claim Submission Date, i.e. the date in which I completed the entire set of claim forms, uploaded my evidence, and submitted.

For example, in this particular case I started the claim in July 2014 by submitting the first few parts of the form. As soon as I submitted the first page of the form, I received the you-have-365-days email. I then proceeded to compile evidence and produce documentation until March 2015, which is when I uploaded my evidence and submitted the claim for processing. They approved part of my claim (yay) but have set the Effective Date to April 01, 2015, whereas I would have expected either July/August 2014 or December 2014 (COLA date).

What am I missing here that leads me to believe they made a mistake? If I'm not mistaken, is this something that can be questioned in a local hearing, which I will be requesting anyway for the part of the claim they denied? Speaking of, how do you deny a painful scar that clearly happened in service? They didn't even give me a C&P for this claimed condition. Very confusing. Off topic I know, but maybe someone already reading this has an opinion on it.

Thank you all for your help!

[USMC_VET]

I feel that you would be considered under the "incomplete claim" portion...

 

§3.155  How to file a claims.

 

The following paragraphs describe the manner and methods in which a claim can be initiated and filed. The provisions of this section are applicable to all claims governed by part 3.

(a) Request for an application for benefits. A claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not of full age or capacity, who indicates a desire to file for benefits under the laws administered by VA, by a communication or action, to include an electronic mail that is transmitted through VA's electronic portal or otherwise, that does not meet the standards of a complete claim is considered a request for an application form for benefits under §3.150(a). Upon receipt of such a communication or action, the Secretary shall notify the claimant and the claimant's representative, if any, of the information necessary to complete the application form or form prescribed by the Secretary.

 

38 U.S. Code § 5102 - Application forms furnished upon request; notice to claimants of incomplete applications

 

 

(a) Furnishing Forms.— Upon request made by any person claiming or applying for, or expressing an intent to claim or apply for, a benefit under the laws administered by the Secretary, the Secretary shall furnish such person, free of all expense, all instructions and forms necessary to apply for that benefit.

(b) Incomplete Applications.— If a claimant’s application for a benefit under the laws administered by the Secretary is incomplete, the Secretary shall notify the claimant and the claimant’s representative, if any, of the information necessary to complete the application.

(c) Time Limitation.—

(1) If information that a claimant and the claimant’s representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date such notice is sent, no benefit may be paid or furnished by reason of the claimant’s application.

(2) This subsection shall not apply to any application or claim for Government life insurance benefits.

 

Since you received response from "The secretary" regarding the one year, I THINK you should be good.

 

there is a difference between "Reconsideration" and a "Notice of Disagreement"

you have 1 year to file a NOD to say "i dont agree with your decision" and then inform them why (usually with new evidence).

there has been discussion on this board of the "reconsideration" vs "appeal" (via NOD) and which is better.

The reconsideration can be faster but you will not be guaranteed the original EED date like you would with a DRO review via a NOD  (if you win).

(see this thread for more discussions on the merits http://www.hadit.com/forums/topic/60284-filing-a-reconsideration-vs-a-nod-at-the-ro-level/)

 

This is what i posted in that discussion regarding reconsideration...

"Because with the reconsideration the effective dates get a little snafud...

 

Effective Dates:

When new and material evidence is submitted within the appeal period or
prior to an appellate decision with regard to a claim for increased
evaluation, the effective date for any increased evaluation is the later of the
following dates
• the date on which the facts establish the increase in disability occurred, or
•the date of the original claim for increase.

 

That means if a Veterans filed for a knee injury, was denied and then went and got an IMO that SC'd that condition, the VA Accepts that and grants the claim, his/her effective date would then be when the "facts" established the increase, which in my interpretation would be when the IMO evidence was submitted and received by the VA (perhaps im wrong) and not the initial date the claim was filed?

 

So my question is why would anyone want to file for reconsideration vs just going traditional route of NOD?

 

It seems like reconsideration is a useless middle ground.

 

- Reopen a claim (acknowledging and accepting the finality of the decision, losing earlier effective date)

- Reconsideration of claim (not acknowledging nor accepting the finality of the decision, probably losing earlier date, but slightly less loss than a reopening)

- NOD, not accepting or acknowledging the decision and keeping earlier effective date."

 

I would rather go NOD route personally.

[K_C]

@USMC_VET,

More awesome information. Thank you so much. The NOD sounds like a win to me as well. I am going to alert my VSO to this information and inform him that I wish to file an NOD. If his reply is substantial and reasonable and he demonstrates wanting to advocate for me rather than parrot exactly what the VA employees are saying without regard to my questions or information, I will keep him on board. Anything else, and I'll probably reach out to the American Legion since I'm actually a member there. I liked the idea of the VFW here because they work in the VARO, whereas the AL works out of an office downtown it appears.

You're a life saver. My head is spinning from vertigo right now, your replies have saved me from a lot of painful researching and struggling with interpretation. Thank you.

[USMC_VET]

glad to help, if it wasnt for this forum id still be spinning with my last go around with reduction. 

 

Personally i had a VSO but ahve recently let them go.

Even with a VSO i would NOT trust htem to file anything for you, use them as backup and part of the "SHOTGUN" approach.

fill out the NOD and request a DRO hearing on the matter.  mail it yourself and mail it CERTIFIED MAIL with RETURN RECEIPT.  it will cost you between $8-$12

its well worth it.  if they try and claim they never received it you can mail a copy of the certified mail tracking AND A COPY OF THE RETURN RECEIPT WITH THEIR EMPLOYEES NAME AND SIGNATURE ON IT.  If you file via VSO you have no idea when/if it was sent and no proof it was. imo

[K_C]

My VSO said he would submit the request to update the effective date and could provide me a copy for my records. I asked for the copy days ago, no dice. Still feel apprehensive about letting him go. I can't help but feel like he's just too busy and I'm just being too demanding.

He theorizes that the form that gets put into the system by eBenefits when I opened my claim was "cleaned out/deleted accidentally" by the rater/rep that went through deleting duplicate DD-214s that were in the system as they complained about there being "100's" of them. I have the email receipt in my personal inbox, and the message receipt in eBenefits showing the claim being started on the date I assert. So, opening a ticket in IRIS has a chance in hell of actually getting this looked at? Does this seem like something to file a CUE for?

[USMC_VET]

Your not being demanding for asking him to do his job.  Now if you called later that afternoon it would fall into that category.

VSO's can be volunteers OR paid members of that service organization, so it is good to keep that in mind that many are overworked volunteers.  There is a watershed to me between 

- Good intentions but overworked or inexperienced

and

-Dont give a shit

 

I dont know where this guy falls into. 

I would just email him or call him and say

"I know you are probably really busy and overworked, and although many of us might not always show it, we do really appreciate the help that good vso's give.  With all that has gone wrong with this claim so far i am a bit paranoid and just want to make sure all my ducks are in a row as soon as possible.  If you could please send me that copy of that letter today I would really appreciate it."

Its up to you, i dont know the guy, if he is hardworking but overworked and has good intentions, then its maybe worth it to keep him, do 99% of the your own work but keep him for when it might help.  if you feel or see or know he is screwing around, not working that hard at yours or anyones claim then i would drop him.  If you stop by unannounced a few times and he isnt with someone or is just messing around drinking coffee...i dont know, its up to you.

as far as CUE goes, berta is queen bee of that world and she indicated that it would fall into that category.

If you ask him what i wrote up there and it comes to next friday and no contact.

I would write his organization and the VA via a sworn declaration or jsut a statment and revoke the POA.  Say it is nothing personal, you just realize he is very busy with a lot of other veterans and you want to work your claims yourself.

I would then write up a sworn declaration and write the request yourself requesting the earlier effective date, cite the evidence, attach the evidence.  send it via certified mail with return receipt

[RUREADY]

My VSO said he would submit the request to update the effective date and could provide me a copy for my records. I asked for the copy days ago, no dice. Still feel apprehensive about letting him go. I can't help but feel like he's just too busy and I'm just being too demanding.

He theorizes that the form that gets put into the system by eBenefits when I opened my claim was "cleaned out/deleted accidentally" by the rater/rep that went through deleting duplicate DD-214s that were in the system as they complained about there being "100's" of them. I have the email receipt in my personal inbox, and the message receipt in eBenefits showing the claim being started on the date I assert. So, opening a ticket in IRIS has a chance in hell of actually getting this looked at? Does this seem like something to file a CUE for?

JUST ASKING what CUE do you think you have please explain

maybe it should be another post on a CUE regulation don't get miss

led its not that many cues made its not a every day award