Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
2006 Appeal Won (Back), R.O give wrong effective Date.
Rate this question
Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
marinejay
Hi All,
IT's been a while since i posted but I need some help form the experts regarding a BVA decision.
Here is a quick cliff notes version of my appeal for increase for back (IVDS)
In December 2006, I put in a claim for an increase for my back which was rated at 20%. In December 2007, The VA denied my claim but revised the rating from low back strain, to Degenerative joint disease and radicular symptoms of the lower extremities. I then asked for a denovo review and was denied, so I decided to appeal to the BVA, in 2008. Fast forward to 2012 and I finally got a docket number, my claim sat for another four years until I had my hearing in June 2016.
In November 2016, the BVA granted me an increase from 20 to 40%. So I'm like good! finally won something. In the Conclusion of Law, it states "Thoughout the entire period on appeal, the criteria for a disability rating of 40% for degenerative joint disease, strain and IVDS of the lumber spine have been met. So I kept checking e-benefits to see when they will were going to update my rating. On January 5, e-benefits was finally updated and the RO made the effective date for the back increase May 13, 2013. That was the day I had my first C&P for my bilateral lower sciatica. I had evidence from before showing that my condition has worsened but the R.O made the effective day in May 2013, which makes me loose 7 years of back pay. I haven't gotten the R.O letter as yet to see what it says, but I DEFINITELY plan to appeal the effective date.
My question is: Shouldn't my effective date been December 2006 from when I put in the claim? The BVA letter clearly stated that "throughout the entire period on appeal, the criteria for a disability rating of 40% have been meet". I want to know why they made the effective date May 2013. Based on the BVA, do i have a good chance of winning my appeal for the EED. PLEASE HELP..
Link to comment
Share on other sites
Top Posters For This Question
6
4
3
1
Popular Days
Jan 8
5
Jan 30
3
Jan 9
2
Jan 25
2
Top Posters For This Question
marinejay 6 posts
broncovet 4 posts
Berta 3 posts
Gastone 1 post
Popular Days
Jan 8 2017
5 posts
Jan 30 2017
3 posts
Jan 9 2017
2 posts
Jan 25 2017
2 posts
Popular Posts
Gastone
I believe your NOD Clock regarding an EED, will start the Date of your yet to receive, Award Letter. You've waited this long, hold off filing your NOD for 4 to 6 mos. I recently 05/16 used an "O
broncovet
After you get your decision, then consider an effective date appeal. Remember, VA says your effective date is the later of the date you applied, or facts found. It sounds like they allege you did no
Berta
I would hold off on asking for another IMO because the BVA decision is Evidence of the EED!!!! Also can you scan and here ( Cover C File# etc) when you get the RO decision? It definitely mig
16 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now