tdiu Prepare for in correct EED?

[Buck52]

I was looking through some of my older claim records and I noted I didn't receive all my rero that I wa suppose to get according to the dates.  (I am satisfied with what I am rated currently)

but I found a few years of retro at 50% They never paid me for, but going back in time to prove this is something I can't do myself...so I need a good Rep/Attorney

Here is what it looks like to me

I was rated at 50% in 2001  dated back to when I first filed a claim for increase As to which was around 2001.

Okay  on my recent award letter it says I was 50% back in 1998..so would they own me from 1998 to 2001? at 50% say 4 years of retro at 50%...not sure what the figured would be  but it would be a pretty good hunk of change..

I would of course need a good Attorney for this because I never filed a NOD, Flip (Phillip Rogers) hadit elder is the one that found this, but back then I was just happy to get the 50% and then TDIU P&T Later.

I wonder if any Rep or Attorney would be interested in taking on this EED Claim? (which I never filed yet)

They would need to review my C-File and my award letters....

if the VA made a mistake on the 1998 50% rating  then what? because I never got any $$$ until 2001 on the 50%...before that I was 0%SC and no rating.

I am thinking about checking into this...I am currently satisfied with my Rating and was inferred to SMC S1 H.B.....so how could I find out if they do own me the 4 years at 50%???

Phillip Rogers has left the Hadit Board  and hopefully enjoying his life.(I don't blame him) he was a great help to me back in early 2000.

Any suggestions/opinions?

I appreciate it.

...................Buck

 

[flores97]

Buck, you might want to begin by writing a statement in support of claim(you can call the 1-800 number and ask them to send you the forms, or Google the form and print it out on your computer), Include a copy of the award letter that states you were 50% in 1998, and ask them to do an audit on that. Of course, VA will probably ask well, why is this just being brought up if it happened 15 years ago, so I would include in the statement an explanation that you were new to the system and didn't notice the earlier date until recently when you were going through your records. Best of Luck, and I'm sure some other members will have suggestions as well.

[Guest]

13 hours ago, Buck52 said:

I was looking through some of my older claim records and I noted I didn't receive all my rero that I wa suppose to get according to the dates.  (I am satisfied with what I am rated currently)

but I found a few years of retro at 50% They never paid me for, but going back in time to prove this is something I can't do myself...so I need a good Rep/Attorney

Here is what it looks like to me

I was rated at 50% in 2001  dated back to when I first filed a claim for increase As to which was around 2001.

Okay  on my recent award letter it says I was 50% back in 1998..so would they own me from 1998 to 2001? at 50% say 4 years of retro at 50%...not sure what the figured would be  but it would be a pretty good hunk of change..

I would of course need a good Attorney for this because I never filed a NOD, Flip (Phillip Rogers) hadit elder is the one that found this, but back then I was just happy to get the 50% and then TDIU P&T Later.

I wonder if any Rep or Attorney would be interested in taking on this EED Claim? (which I never filed yet)

They would need to review my C-File and my award letters....

if the VA made a mistake on the 1998 50% rating  then what? because I never got any $$$ until 2001 on the 50%...before that I was 0%SC and no rating.

I am thinking about checking into this...I am currently satisfied with my Rating and was inferred to SMC S1 H.B.....so how could I find out if they do own me the 4 years at 50%???

Phillip Rogers has left the Hadit Board  and hopefully enjoying his life.(I don't blame him) he was a great help to me back in early 2000.

Any suggestions/opinions?

I appreciate it.

...................Buck

 

Buck, take a look at your 1998 decision. You could be correct but the mistake could be on the new/recent award letter.  You know VA not checking their dates correctly.

[Buck52]

I agree petem 992  I'am going to find my award letter for the 2001 50% increase . it was around late December when I receive that award for the 50% and filed an incerase on around early Jan 2001 for that and they paid the retro for that but it was like for 11 months  , as a few months went by I filed an increase *(which I should have Disagreed with the decision then,)March 2001

I was sent to a C&P and about 2 months later I got a proposal to reduce my 50% back to 0% because of a VA Dr examiner stating  he went back to my separation in 1972 and stated I never had or been seen for this condition while in the military and there fore should be reduce in his 50%rating....This is when I met Flip (Philip Rogers) He had me NOD & ask for a DRO Hearing at my RO

I did and took more evidence from private specialist and because my SC Disablity had got worse I had to stop working   I actually had  stopped working in 1999, but they awarded me from 50% to a 90% with a 10% rating with tinnitus   which was still just a 92 %rating  and  I was 90%combined using the CFR 38 (b)extra scheduler they gave me the TDIU P&T no future exams  but I was only paid from the date they said I first filed for increase  which was 2001 and hence the 11moths retro  and I'm sure they made adjustments on the already 50% rating I had.

so what I can figure  They never paid me any of the 50%retro back from the 1998  50% to the TDIU Award.

I need to get my cfile and hopefully all my records are in it   the award leter from 1998 getting the 50%is what I need.

I am currently searching for that.

Thank you flores97 I understand what you mean and good advise &Thank you Pete 992

I better start digging   because I will only file for this if I can prove it.

Thanks Guys

........................Buck

[Buck52]

I may be off on these date some? until I can find the 1998 award letter...I just don't remember ever getting that  because there was no $ paid to me until 2001 and no retro then just stated my 50% monthly payments payable due on the receipt of the 50%award.

[Buck52]

I may be off on these date some? until I can find the 1998 award letter...I just don't remember ever getting that  because there was no $ paid to me until 2001 and no retro then just stated my 50% monthly payments payable due on the receipt of the 50%award.

I Requested my c-file last year around May because I filled ITF PTSD Claim...and still not a word on it?

The PTSD C&P Examiner mention viewing my c-file hard copy  and what I sent in as my evidence and some SMR's &MH Dr's Notes & from what I got from St Louis older vietnam records that was enough for them to adjuicate my claim to  AWARD 70% & SMC-S-1

but I never recieved my c-file...should I re request it?

I have my green card receipt when I requested it last year.someone sign for it.

but not a word on my c-file request  this may will be a year.

anybody?

..........Buck

[broncovet]

PR is very through, so he probably had it right.  

Yes, I think you should order your cfile.  

Yes, you should have an attorney look at it.  

Your effective date is the later of the date you filed, or the facts found.

However, there are exceptions such as:

1. 1 year exit from service.

2.  Reopened claims (new and material evidence submitted in the appeal period.)

3.  Special rules on an increase. See 38 CFR USC 5110

The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.