Unadjudicated claims and EED

[Atlcocky]

First time poster. Forgive me if it's not very good!

I want to find out the best way to attack a claim and EED issue.  I have informally and formally requested a nerve condition claim (mainly neck, arm and hand). The condition was in my service medical records and missed or ignored when I got denied for the back, neck and shoulder issues back in 1996. Since separation, I have sent them several documents stating that I have a nerve problem. The American Legion has sent them a request to adjudicate the nerve condition. It is also mentioned in a SSOC and on a C & P exam. I believe that I have an extremely strong case on the service connection part. On the EED, should I just file the claim knowing that I will appeal or fight it on CUE? or is there a way to fight for the EED in the initial claim request?

 

I have been reading the court proceeding on Implicit denial and pending claim doctrine. I still can't figure out if there is a way to get the EED upfront without the long drawn out CUE or appeal process.

 

Thank you all for the information on the site and the hours many of you put into making it better everyday. I hope to be an aid to someone some day.

[broncovet]

You can appeal multiple items at one time.  For example, lets say your back was denied, but you got rated 20 percent for your nervous condition effective March 1, 2017.  Your appeal could state something like this:

Issues under appeal:

1.  I disagee with the denial of service connection for back injury.   My SMR's on 02 June 1984 medical exam clearly stated I was treated for a back problem contrary to the VARO decision dated July 10, 2017.  

2.  I disagree with the effective date for nervous condtion.  Contrary to the VARO decision, I applied for this on July 2, 2014, while an exam on my exit of service showed that I have had a nervous condition since exit from service.  

[broncovet]

Berta is a well known Poster on hadit, who has years of study on Veterans law, mostly due to her late husband who she says VA killed him.  She has helped many, many Veterans and is certainly in the "top 2" of hadit's most knowledge posters.  

Also extremely knowledgeable is Alex Graham, I think he goes by the handle "Ask Nod".  

Berta has specialized experience in Widows benefits, where Alex is the expert on Hepatitus C claims.  

"Ask Peggy" is a nickname for calling the VA toll free number.  

[saxman]

Atlcocky- I agree with Broncovet.  The order in which you need to attack this is crucial. You must get service connection first, then correct percentage, and lastly EED.  I'm trying to get my EED back to a claim from 1993.   I submitted a claim back in 1993 with two issues on it but they only addressed one.  Fast forward to 2013. I resubmitted a claim for the same issue that was ignored and it was grated.  Now I'm fighting trying to get that EED back to 1993.  This is a 5 figure back pay!  It's currently at the board.

[Atlcocky]

Thanks Saxman.

Good Luck with your claim!

[Atlcocky]

On 7/18/2017 at 1:33 PM, saxman said:

Atlcocky- I agree with Broncovet.  The order in which you need to attack this is crucial. You must get service connection first, then correct percentage, and lastly EED.  I'm trying to get my EED back to a claim from 1993.   I submitted a claim back in 1993 with two issues on it but they only addressed one.  Fast forward to 2013. I resubmitted a claim for the same issue that was ignored and it was grated.  Now I'm fighting trying to get that EED back to 1993.  This is a 5 figure back pay!  It's currently at the board.

Hey Saxman,

 

Did you back from the board about your EED?

[Atlcocky]

Ok all. Update concerning my situation on EED...Based previous answers on this thread, ie that there is an order to things concerning EED with the VA. I now have Step 1 and 2 complete (service connection and what I believe to be the correct rating). This leads me to Effective date. It was ordered on the date that I filed, March 2017. 

To refresh and then ask for help..The American Legion and I have both formally and informally asked the VA to rate my neck, shoulder and nerve issues dating back to 1996 when I separated from the Air Force. I have NOT received any denial, approval or acknowledgment from the VA about this claim at any point. I believe this falls under the 'unadjudicated claim doctrine' which has affected the effective date for this disability. I believe that if the VA would have reviewed/acknowledged the request and sent me to the appropriate doctors, I would had this claim approved years ago.

That brings me to the question..How should I approach this issue with the VA when I am claiming that they didn't adjudicate a NOW approved claim and I am looking for an EED for that disability/disabilities?

Any help would be greatly appreciated. By the way, I don't know what's in my cfile because they have not sent it yet.