Won the appeal but............

[auenone]

Glad to see a lot of cases that have been won here although many have taken way too much time. The wheel does turn but slowly.

I won my appeal and was awarded money back to May of 2015. I had filed for 3 contentions in May of 2014 and was awarded two of them and this one was denied. Couldn't quite understand why this was denied and filed for reconsideration. That too was denied and filed the nod before the year was up. I'm asking why the award wasn't dated back to 2014 when all 3 of the contentions were filed?

Thank you for any clarification on this and good luck to everyone.

[broncovet]

The VA Loves it when this kind of confusion happens.  

VARO claims must be appealed in a year.

BVA decisions must be appealed in 120 days.  

     This "reconsideration" is mostly a trap for unwary Vets.  The BVA chairman pretty much does not "reconsider" Board decisions, unless there is a compelling reason, which would normally involved New and material evidence.  

     It looks like you landed in the trap, as you apparently asked for reconsideration, and its now likely passed the 120 days for a BVA decision to be appealed to the CAVC.  

     You have some options, but those which dont involve "giving up" mostly involve hiring a lawyer.  I would hire a lawyer AND do this:

1.  Re apply for the benefit denied.  If awarded, you can appeal, the effective date.  

2.  Your lawyer can consider a CUE, but I dont know if the facts support a CUE or not.  

3.  If you have "new and material evidence", under 38 cfr 3.156 B (pending claim) or 3.156 c (service records) you can reopen it for that.  If you already sent new evidence, then your lawyer may "attack" VA on that the VA failed to reopen due to N and m evidence.  

 

[auenone]

Thank you Broncovet. I am really bad at the initial posts and usually have to add something later to clear up my original post.

I was awarded the two of three contentions initially and filed a reconsideration on the third. That also was denied and filed the NOD with a de novo review with the DRO at the VARO. He approved it and now everything that I wanted I received. My question is: I filed all three in May of 2014 on the VONAPP to reserve a start date with the claims. Had 1 year from that date to file the claim which I did before the one year was up. Did the reconsideration and the NOD and now they have only paid me to May of 2015. Is there something wrong with their dates or is it me? When ask a question I should put in ALL of the relevant information. Sorry about that.

[Gastone]

What was the DX Date of the SC in question. Was this 3rd contention file for at the same time as the other 2 or was it combined at a later date?

Posting redacted copies of your Awards and Denials would be very helpful.

[auenone]

Thanks Gastone,

I did a start date in May of 2014 on ebenefits to hold the claim to that date. I filed the 3 contentions in May of 2015 within a year of the start date. Two contentions were granted and the 3rd was deferred. Later received letter that the 3rd was denied. Then filed the Reconsideration and that also was denied. This is the reconsideration:                                                                                                                                                                                                                 Status of Your Claim

COMPLETE

• Submitted: 11/02/2015 (Compensation)
• Claim Closed: 07/13/2016
• Disabilities Claimed: cervical spine (New)
• Current Status: Complete
• From that point I had a year to file a NOD and was filed in June 2017. So, they gave me 30% which is roughly $400 a month. I received $6K and wondering how they figured all of this out. I'm a happy boy but not sure what happened. Called Peggy and she said something that they weren't done and I didn't know what she was talking about. She didn't explain herself very well. Sort of like me. The effective dates should all be the same but the first 2 are May 2014 and the 3rd award effective date is May 2015 although all were filed together.
• Appreciate the help. Thank you.

Edited November 14, 2017 by auenone
More information.

[Gastone]

Redacted copies of the Award and Denial Decisions would help us a lot.

3 things may help you, have a set down with your VSR and have him access your C-File for more clarification than what's on the Decision and Denial Letters, File a VA FOIA requesting your complete C-File on a Searchable CD and lastly, be sure to file your NOD for the EED to keep that Claim Issue alive.

You're aware the VA Rating Dept moves at a snail's pace. You could file a Formal Request for an "Informal Rating Dept Evidence Conference." Won't take place over-nite but worth a shot.