Earlier Effective Date (EED) Evidence Used/Not Used

[pacmanx1]

The crazy one here, once a veteran receives his/her rating decision the veteran should make sure he/she fully read over and understand why the claim was denied.  VA is very famous for not including all medical records both in service records and current treating records.  Example: The veteran files a claim March 2004, the VA set up a C & P exam in December 2004. The VA then request for the veterans medical records from December 2003 to March 2004 but VA don't get around to process the claim until February 2005.  The VA then denies the veteran's claim but the veteran had treatment records from April 2004 to February 2005. The evidence used in making the decision is just as important as the reason and bases of how they (VA) came up with their decision.  If the evidence was not listed in the evidence section then the veteran should file a NOD and make sure VA address that evidence. You can say that VA missed this evidence or  purposely overlooked this evidence but it is evidence that VA must consider when reviewing the veteran's claim.  Please chime in

[Andyman73]

Gonna start my own thread to post my exam notes and decision letter on, will title it EED for foot condition?

Semper Fi.

Andyman

[Andyman73]

Me again, still can't get it to go. 

I tried to copy and paste from the actual disc, no go, then I tried to do same from desk top ,and still no go.  Then I tried copy and paste from thumbnails, which it did let me, but then pasted with double spaced lines and only 3-4 words per line, which means hours of work realigning and such.  Anyone got any solutions for me?  My tech skills are weaker than my 9yr old son's, someone please advise.  Thanks.

Andyman

[broncovet]

Andyman:

  Go to hadit, then click "forums".  Open the section you want to post a new topic in.  Then click "ask a question".  You can not ask a question if you are just looking at "new" posts. 

[Andyman73]

Andyman:

  Go to hadit, then click "forums".  Open the section you want to post a new topic in.  Then click "ask a question".  You can not ask a question if you are just looking at "new" posts. 

That's not the part I'm having problems with, it's the part of posting my info, like from my C-file, that I'm struggling with.  Lol! 

[Andyman73]

Ok, I got it posted, last night, on my own thread "CUE or EED for undecided foot exam".

Guess why it wasn't pasting???  Anyone???  Actually it was, but it was pasting the font in white!!!!!!!!!!!!!!!!!!!!!!!!!!!  So white on white equals white!!!  I kept seeing faint red and green lines, so I checked the font color box and it showed white.  So I clicked and dragged and highlighted big black boxes.  Clicked font color to black and all the words popped up.  Man was I so relieved, after spending 6-7 hours this past week trying to get it to go.

So pop over to that new thread, give 'er a look see and let know your thoughts.

Semper Fi.

Andyman

[justrluk]

One of the VA's past often used tactics was to  make general statements about the veteran's records.

They often were not detailed enough to tell if they reviewed a specific record or not!

Another fairly common occurrence - - - Using a C&P date instead of an earlier date. When pressed,

the answer was likely to be something like the C&P gave us enough to rate a specific level.

In actuality, they should of at least "staged" the rating from the date of claim, or just awarded

from the date of claim.

 

Chuck - I think the 'used the C&P date' trick was used on my remand order decision. Do I simply file an NOD when the BBE comes in? Or, do I request reconsideration of the effective date?