EED Again Confused ??for the 20 year protection rule?

[Buck52]

I get confused on the correct EED & the 20 year protection Rule?

SERNEO 

Vet files his claim   1998  and is denied  vet files NOD (WITHIN A YEAR) with more evidence based on his denial (not enough evidence) Vet is award service connection for his claim but at 0% compensation. (service connection established 1999)

Ok 1999 Vet files for increase on his S.C. Condition at 0% with new medical evidence (IMO) and is awarded 50%  a big jump from 0% to 50%  but anyway the Vet is Now  50%  1999...his condition worsens and in 2002 Vet files for increase with additional medical evidence (IMO SPECIALIST) and is awarded 10% PLUS ANOTHER INCREASE OF 30% making him a combined rating of 90% and is given TDIU P&T & His Disability as of Nature and not expected to Improve in his life time and no future exams scheduled. (because he could no longer work) b/c of his S.C. Disabilities

Here is my Question  when does the EED for the 20 year rule take effect for his total combined ratings with TDIU P&T Start?  2002 or 1999 date filed for increase or 1998 when he first filed?

Will they break it down and start his 50% on his Award date 1999 or 1998? when he first filed? and start his total combined rating of 90% with TDIU P&T IN 2002 the date of his final award? or will they go back to 1998 For all of his S.C. Disabilities? the date he first filed?

or is it the Awarded date when he won his claims?

Some say the EED is what they go by for the 20 year protection  and some say its the Award date when he was awarded? so in essence wouldn't the 1998 date when he first filed be his 20 year protection date? Or do they Actually go by the Award date for each S.C. Disability?and not the date first filed?

Anyone know how to explain this  I am totally confused.

 

Thanks in Advance!

[Gastone]

Yo Buck, if you're sitting on the "Totally Confused Bench" I'm right next to you on the"Ignorant and IDGAF" Bench, regarding the VA 20 Year Rule. I really haven't given it much thought until you brought it up.

I did see a VA Rating article yesterday that discussed the VA 10 Year Rule as far as SC Awards. As I recall, the File Date was the Clock Starter for the 10 Years, not the Award Date.

You know what they say about Opinions and AHs, so here's mine. Every SC a Vet has been Awarded, has it's own Effective Date for purposes of the 5 year Rule, 10 year Rule or 20 Year Rule.  Each SC's Aniversary Date is protected to whatever degree the applicable rule Covers.

Might be time to have your POA VSR check your C-File for any "Diary Dated Reviews."

 

[vetquest]

Buck,

As I understand it your effective date is what the 5, 10, and 20 year rules go by.  I was discharged in 1986 and received 50% at BVA in 1991 for PTSD.  My eff date was 1986.  I was awarded 0% for headaches with an eff date of 1991.  When the VA attempted to sever the headache claim in 2011 we used the 10 year rule on them and that was the last I heard of severance.  When the VA stated they were going to reduce my PTSD in 2011 we used the twenty year rule on them.  The BVA awarded 70% for PTSD eff in 2007 and my 20 year clock reset for 70% and the 5 and 10 year clocks remained at 1986.  I understand they can drop my 70% only to 50% because that is at 20 years.

I can get some of the regs about this but I will need to research some.

 

[Vync]

With the way the VA has ran over veterans over the decades, I believe the rules need to be revamped so that getting a higher % does not start a new % clock at all

[Buck52]

I totally agree with ya Vync..and make their provisions ''rules'' more clear.

thats a lot of the problem they make to many amends to some of'em

[Buck52]

Thanks vetquest  I appreciate that.

[Buck52]

Gastone I rechecked my C-FILE 

They did have a dairy date for April 2007 and took it away  or mention that no exam will be conducted because of my disability was of nature   it also state that if veterans disability is P&T And is of nature or chronic state no exams will be scheduled.

why April 7th? is anyone's guess  but Im glad I'm not showing a future dairy date.

I am not scared of a exam nothing has changed  maybe worsen  but I am ok with what they rated me and have other S.C. Disabilitys since being rated for the TDIU P&T  

Basically I just want to know  when I can stop looking over my shoulder in case the do pop a C&P on me...but I do understand a Veteran is not safe until he gets the 20 years in on his disability's and they do those at the end or very close to the 20 years.  I don't think that's right for them to do that.

Ms T bird got her 20 years in last year and mention what a Relief it was.

Elder member Asknod and also he is a certified VSR and a darn good one,  he mention helping a vet that they called this veteran up for a C&P Exam  with 19 and 1/2 years in or more not quite the full 20 years..I think there fighting this now and to me that's a crying damn shame the VA will do that to a Veteran.