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10 YEAR OLD BVA Appeal completed

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Honibe

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BVA appeal for earlier effective date for IU approved ( 4/2016) after a 10 year wait .  We won the appeal for IU, after my Husband was service connected at 100%. The award does give us a few dollars in the bank, but it should have been approved correctly back in 2006 when the original claim was awarded.  Glad this wait is over. EED for DMII was denied. So all in all it is good to have this behind us.

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Persistence pays off!!!!

16 hours ago, Honibe said:

BVA appeal for earlier effective date for IU approved ( 4/2016) after a 10 year wait .  We won the appeal for IU, after my Husband was service connected at 100%. The award does give us a few dollars in the bank, but it should have been approved correctly back in 2006 when the original claim was awarded.  Glad this wait is over. EED for DMII was denied. So all in all it is good to have this behind us.

Was the original IU claim the same one that the BVA awarded?

Did they do a Fenderson Rating? *

Was the EED for DMII back to the date of the AO DMII regs? That might be a correct date...maybe....

The other EED for the 100 might be right too...maybe....but I hope you can scan and attach the decision here, as to their reaons and bases and the Evidence List they used (cover C file number prior to scanning it) because VA makes MANY errors on ratings and on EEDs.

* Fenderson rating....some disabilities should be rated in steps..That happens a lot when a claim is on the Hamster wheel for years because by time of the award, the vet is worse from the SC , than they were when they first filed.

I will try to find a BVA case that explains this better.

I wonder sometimes about my husband's rating. No Fenderson. 30% SC for PTSD to 100% P & T for PTSD.

You don't make a medical  jump like that overnight. But still the EED was Very Favorable.

 

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If you search for Fenderson here anyone, (we don't discuss this much but have in the past) this is one of many threads whereby our Fenderson and Hep C Guru, Alex (Asknod) explains it:

Alex has expertise in more than just the Hep C and Fenderson.....such as the ILP.....and has done many radio shows here as well.

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