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  • 14 Questions about VA Disability Compensation Benefits Claims

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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 ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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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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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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