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When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. Chris Attig - Veterans Law Blog

 







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Ryan22

CUE - Incorrect Eff Date - 100% P/T

Question

CURRENT STATUS: 100% P/T

CLAIM SUBMITTED: 14 JAN 2015

INFORMAL CLAIM SUBMITTED: 26 NOV 2013

INFORMAL CLAIM RECIEVED LETTER DATED: 16 JAN 2014

PROOF of INCORRECT EFFECTIVE DATE IN CLAIM SUBMITTED 14 JAN 2015

1. 21-526EZ LINE 5 - Have you ever filed a claim with the VA?

Yes box checked

"Informal Claim" handwritten in box

2. 21-526EZ LINE 9

Handwritten inside box:

NOTE: Attached is copy of DUA letter dated Jan. 16, 2014 stating I had to submit this formal claim "within one year from the date of this letter" January 16, 2014. I am of the opinion that this submittal meets the requirement to use date of informal claim as the effective date of claim for this submittal.

3. 362/LM - INFORMAL CLAIM RECIEVED LETTER Dated 16 JAN 2014

Title of Letter: "IMPORTANT -- reply needed within 1 year"

Relevant Text of letter:

a. 'We received your request for VA benefits on November 27, 2013. We consider this request as an informal claim for benefits.'

b. "If your completed application is received within one year from the date of this letter, and we decide that you are entitled to VA benefits, we may be able to pay you from the date we received your informal claim."

4. VA FORM 21-4138 STATEMENT IN SUPPORT OF CLAIM

Dated: 26 NOV 2013

"INFORMAL CLAIM FOR THE FDC PROGRAM

I attend to apply for compensation benefits under the FDC Program. This statement is to preserve my effective date for entitlement to benefits. I am in the process of assembling my claim package for submission"

PROBLEM:

On 17 APRIL, 2014 I was at the mental clinic at the VA. I was homeless at the time so they sent me to a social worker. The social worker I believe had me fill out a form for an emergency pension. I'm not sure what I filled out exactly-not a very clear time of my life. In my paperwork I have, I see I received another informal claim letter reflective this date of 17 APRIL 2014.

QUESTIONS:

1. Could opening a CUE appeal impact my current 100% P/T status? If there is any chance of this I do not want to submit a CUE at all. I just want my effective date reviewed, nothing else. Is that possible or does the whole claim get reviewed?

2. Is there someone I can contact at the VA to see why they decided on the effective date I have right now? Maybe I'm missing something and I didn't follow the rules correctly. Maybe whatever I did on 17 APRIL 2014 impacted my effective date/but even then, wouldn't my effective date be 17 APRIL 2014?

3. In your opinion, do I have a case for CUE?

4. How long does the CUE process take in your best guess?

Please include any other advice or information, links that might help me.

Side note: It goes without saying, but I would like to say it anyway; thank you so much for making this forum a resource for not only myself, but for all veterans. You guys are truly helping; THANK YOU.

 

 

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18 answers to this question

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After looking into this the last few days I don’t see how my cfile matters.

 

i have everything already that pertains to my effective date.

 

either they ignored my informal claim or the dr didn’t consider me disabled until the day I made my claim. I’ve read 30 links, my paperwork 50 times, had others look at it, verified with the va that they had my informal date received letter in the system.

 

has this ever happened before? Where the va just completely ignores the informal

claim date and uses the fully developed claim date as the effective date?

 

everything I read is far more complicated than my issue. My issue is they just flat out ignored my informal date. 

 

This is  not common?

 

 

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It seems that a lot of information is not read because sending in information on the wrong form & don't  make it in the VBMS.

  Alex mention the 21 526ez is the only form that can be read in the VBMS as to date.

So I am thinking if the rater don't take the time to hand read our information  this is what causes a lot of problems.

or maybe I'm not understanding what he mention.???

Edited by Buck52

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On 2/9/2018 at 5:51 AM, Berta said:

Based on what you posted here ,if I were you I would call the White House veterans Hot Line:

 855-948-2311 

Tell them the reg they quoted and how they broke that regulation.

 

"a. 'We received your request for VA benefits on November 27, 2013. We consider this request as an informal claim for benefits.'

b. "If your completed application is received within one year from the date of this letter, and we decide that you are entitled to VA benefits, we may be able to pay you from the date we received your informal claim."

Give them the name of the VARO, your C file # etc and th alphanumeric at the right hand side of the first page of the decision, as that includes the initials of the last person at the RO who handled your claim.

Or you can go to ww.va.gov main site page, click on the Contact us thing, then click on "Ask a Question" and they will  re-direct you to the IRIS system.

File this as a complaint- you might have to play around to find the complaint box.

Tell them what you told us, the regulation they quoted in the decision but apparently did not adhere to, and give IRIS the alphanumeric info too.

I strongly suggest asking IRIS for an email reply- so they cant make something up on the phone.

This sounds like  an error ( and VA makes plenty) that they could correct very fast.

You dont need your C file for this.All you need is their decision.

I always have prepared my IRIS complaints in my Word program, to make sure they are brief but that they cover the main issue and then I pasted the word doc into the IRIS complaint area.

There definitely seems to be a major error here.

The biggest financial error VA ever made on my stuff was a CUE the Regional Counsel called on them.

(I had re opened a claim and they had to check with the RC on my FTCA  offset matter. He read my past letters and immediately order them to pay me, via his CUE.

They sent 28 thousand bucks- retro DIC ( I had been trying to get this error corrected myself for a few years  in the late 1990s and they had been ignoring my letters and without any audit I had no idea how much they owed me)

but when they sent the check and an audit statement I did simple math and realized they owed me over 11,000 more- they had forgotten an entire year iof my DIC) I sent them a brief letter attaching my handwritten calculations, the fact that they had forgot to add the specific year of DIC , and they sent me that additional amount in a few weeks.

Sometimes I think VA pulls this crap on purpose- we get an award or some retro payment that is large and they think we are so happy and relieved to get anything, that we will not question the exact way they paid the award and that is how they can snooker us.

 

Berta, thank you.

 

is there a way I can private message you my documents so you can look at them? 

Of course I will take our my name and ssn ect, I just don’t want to post my claim publically.

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Asknod hit the nail on the head  I bet this is what has caused all the  problems even though this veteran did file the 21 526ez  but not sure he filled within the year?

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22 hours ago, Ryan22 said:

Berta, thank you.

 

is there a way I can private message you my documents so you can look at them? 

Of course I will take our my name and ssn ect, I just don’t want to post my claim publically.

Thanks, Berta. I understand why private messages are too much. 

 

I got got my decision letter resent to me and here is the evidence that was used in their decision.

 

do you see anything that could make them not use the November 2013 effective date?

 

notice but April 2015 I added more information (from online portal). I finally got a police report from an incident so I uploaded it. Could this have hurt me as it wasn’t a fully developed claim if I then added something?

 

My claim  for PTSD was denied.

i got 100% from anxiety and depression 

 

they acknowledge the letters of the earlier effective date. 

.

Notice they recognize the nov 2013 informal claim document and the letter they sent in January 2014 notifying me I had within 1 year from the Jan 16 2014 date. 

8F5819AA-F346-4F43-91CA-3F79F2D0DF3E.jpeg

Edited by Ryan22

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