tdiu Miss Figured EED?

[Buck52]

Questions regarding EED?

Vet gets denied claim for  SC 1997...Refiles claim, 1998 vet gets Service Connected  but 0% .

Now in 2001 vet refiles claim and is increase to 50%...  (from 0% to 50%)  2003 vet files for increase and has C&P  after the c&p...c&p examiner sends VA letter saying this vet should not been S.C. because he never had any of this disability while in service  or any medical records showing documentation he was seen for it while in service.and furthermore vet was given an exit exam  from military service and was consider healthy and not what he is claiming .

 I recommend this Veteran be reduced  at 0%compensation and with draw his Service connection Completely......Sign Dr  xxxxxxx  30 years experienced Medical Dr.

 2003 Vet gets letter of Proposal to Reduce him, vet files NOD Request DRO Hearing at his RO, vet goes to his DRO Hearing  with new &material evidence, and letter  from Private qualified Dr receives a favorable  IMO  & letter from Voc rehab declaring this vet unfeasible to retrain because of his S.C. Disability, vet gets notarized lay statements from family and friends...and Veterans own statement!

DRO Agrees with this Veteran and sees his disability in person, and initiates an expedition and ask VSO to file TDIU Claim for veteran and is awarded an 10% & 60%  increase to his disability  and with a 90%combined increase  using the  CFR Extra scheduler (b)  Vet is Awarded IU with P&T  and no future exams schedule this disability is of chronic and of nature  an increase is warranted and not  decrease  the examiner that proposed a decrease will not be warranted,  veteran has proved his SERVICE CONNECTED Disability  and  it goes on and state what te DRO used as evidence and with a rating specialist at his hearing  it is Obvious this Veterans disability is REAL.

Question  they gave the Vet EED Back to when he filed for increase in 1998 the year he was Service connected? instead from the increase dating back to 2001?

???

After a S.C. is established  don't the EED begin at that date  even if a 0%??

Altho they have is 50% rating at  effective date1998!

...Shouldn't they have went back to 1998  the date the vet was Service Connected?

 

Edited May 30, 2016 by Buck52

[broncovet]

Buck, we can not answer that question unless we had way more information.  The effective date is the later of the date the doc said you are disabled, or the date you applied.  Since I dont know when the doc said this vet was disabled, I can not answer.  

However...I would treat this as a reduction, and appeal that reduction, since the reduction amounted, apparently, to a later effective date, even with the new disability.  

[Berta]

"Shouldn't they have went back to 1998  the date the vet was Service Connected?" No

The established medical evidence at that time, per the VA, warranted the "0"

However they might have committed a CUE in 1998 and had enough medical evidence to warrant at least 10% or more.

 Still not enough info here to even guess. We don't know if the "0" was for the same thing they finally awarded the SC for.

" I recommend this Veteran be reduced  at 0%compensation and with draw his Service connection Completely......Sign Dr  xxxxxxx  30 years experienced Medical Dr. " If that is verbatim ,that is an incredible statement even for a VA doctor to make.

Can the veteran join us here and let us see his last decision?

 

[Buck52]

The EED was giving back to 1999 the year I stopped working because the DRO Quoted 

We gave you an EED The date you fist filed for increase &the year you show to stop working However SS Records  shows I stopped working in 1997 & I stopped working in 1997 because I could no longer work for reasons of my SC Disability  and then I  Filed a claim ...and the EED

was only for the 50%  ok they Adjusted that  and it was around 10.000 at the time  but should that went back to the date Service Connection was established?

on my healthvet they showed I was 50%in 1998...I never got paid for that  and they only went back to 1999  as for as I can til.

Now they took that off my healthvet...I was going to print it off but waited to late and now that is not showing up in my healthvet.

I did take a screen shot and sent to Asknod to look at.  but we all know the VA makes errors and could have been a typo on there part.

Edited May 30, 2016 by Buck52

[Berta]

Buck if the whole search page comes up, the hadit links here  should answer your questions:

http://community.hadit.com/search/?type=all&q=Date+eNTITLEMENT+aROSE+ssdi

I think I used my husband's example there...If not...he had a claim in process for higher rating of his 30% PTSD.1994.And a Section 1151 claim.

He applied for SSDI. Early 1993. They awarded first for the 1151 stroke but I prepared reconsideration because they (SSDI) didn't consider his PTSD. I found a regulation in their SSA manual that said they were supposed to consider all disabilities.He died with 2 claims pending. When VA finally got his PTSD SSDI award ,because it was dated during the same year he had filed for higher SC rating, they (VA) gave him, a very favorable EED of 1991, the same date of the SSDI PTSD award.The award came in 1997. 100% P & T for SC PTSD. He had been dead by then for 3 years.

He never even knew the 1151 claim he filed had not only been won but that I filed FTCA as well.

The "Date Entitlement Arose " is what Broncovet means. The posts I made in the search link are more detailed.

 

 

 

Edited May 30, 2016 by Berta

[Buck52]

Ms Berta

the Veteran is me  and this was for my Military as Noise Ind used Hearing loss  and it has got so profound  it keeps me from doing my job I was trained to do after 25 years or so.

I believe you and Flip help me with this claim back then here on Hadit...Flip and I corresponded by email back then and he talk with my spouse on the phone.

Flip was the one that mention they messed up big time on the EED...ABOUT 18.000.00 Worth...but I was so happy I won the claim I forgot to submit the NOD...as Flip was upset pretty good that I choose a DAV SO to go with me to my DRO Hearing...if I had known now what I didn't know back then  things would be a lot different.

Flip is enjoying his life now and got off Hadit...I hate to ask him for his help...I have my C-file on order...This has nothing to do with my recent PTSD Claim.

altho they did give me SMC S1  H,B. and  rating at 100%

I can't do anything until I get my C-FILE  and even then some of my records of this  may  may not not be  be there...since they took off that 1998 50% rating on myhealthvet.

 

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

Edited May 30, 2016 by Buck52

[Berta]

forgot to suggest...you can ask them for an Audit.

Then again they make a lot of audit errors.

I got an audit after Regional Counsel Cued them on a claim I had that they refused to apply the proper regs to.

In the audit however, it revealed that although they had to pay me 28 thousand, they forgot somehow an  additional 11 thousand too. 

I sent them my handwritten calculations and they fixed that error very fast. They didn't want the Regional Counsel calling another CUE on them.

Audits are deceiving because they look like the were done right.

I have personally experienced however that VA does not know how to add,subtract, multiply ,or divide, in addition to being unable to read.