Appeal ? for the heavyweights

[SigBnSoldier]

Dear Hadit-

EED granted at BVA, sent to RO for rating.

RO rated PTSD w/Bipolar Disorder at 70% effective 11/20/2003

I believe IU should have been awarded as my SSDI records and award reasonably raise the issue of IU which wasn't considered.

Will this need to go to CAVC or back through the NOD process at the RO?  I'm getting conflicting answers from DAV and peggy etc...

 

P.S. SSDI was awarded 5 months prior to 11/20/03 solely on my service connected bipolar.

 

Edited March 12, 2018 by SigBnSoldier

[broncovet]

I think its plausable to do it either way:  

1.  File an appeal to the CAVC disputing the boards decision based on the effective date.  

2.  Wait for the VARO to "implement" the BVA decision, then file a NOD disputing the effective date.  

      I dont know which is the best "for you" as I have not read your file, nor your board decision.  My suggestion:

      Contact a NOVA attorney, and ask him if he will take your recent board decision to the CAVC disputing the effective date, and give your reasons why you think the effective date is wrong.  MOST LIKELY you wont have to pay attorney fees as EAJA will pay them if you are successful at the CAVC.  

      Then, see what the attorney says is best.  THEy pretty much review BVA decisions for errors for free.  

A nova attorney is here:

https://vetadvocates.org/welcome/find-an-attorney/

[SigBnSoldier]

Thank you broncovet.

 

I'm sorry I wasn't clear on my question.  I'm not appealing the effective date.  I already won that at BVA.  I'll post my BVA decision at the bottom.

You'll notice in the last paragraph on the VLJ's decision she states she's not rating the appeal just granting the EED.

BVA sent the granted (considered full grant) eed back to the RO to assign a rating from between 2003 to 2012.  This was won because I overcame presumption of regularity, VA did not inform me of rating denial back in 2003.  Then later, in 2012 granted same contentions.

So now, the RO received the full grant from the BVA and assigned a 70% rating from 2003 thru 2012 and paid me the retro on Saturday.  I am super grateful for the huge retro payment, but feel it's a lowball because I think they should have also granted IU as I was awarded ssdi 5 months prior to the 2003 va denial, solely on my service connected disabilities.  Anyway, here's my BVA grant, hope it gives you a clearer picture.

redacted BVA.pdf

[kanewnut]

I think IU has to be applied for. Meaning they are not just automatically going to grant it. I would definitely apply for it and fight hard for it.

"Entitlement to an effective date from January 23, 3004 for the award of service connection for a back disability"  3004 is a long time off

Best of luck.

[treysnonna]

So your getting 100 percent.  But you want an early date of approval?

[SigBnSoldier]

32 minutes ago, treysnonna said:

So your getting 100 percent.  But you want an early date of approval?

Read the bva decision, I already recieved the eed.  It’s the assigned rating that is at issue here.

[paulcolrain]

MY ANSWER IS KINDA IN A QUESTION.

PLEASE DONT BE FRUSTRATED

YOU STATE THAT THE S.A REASONABLY RISES ANSWER!!!!!!

SO IM GOING TO REMIND YOU THAT AS VETS WE ALWAYS LOOK AT THINGS TO BE OBJECTIVE AND DONT REALLY RECOGNIZE THAT THEY MIGHT BE SUBJECTIVE.....

WITH THAT BEING SAID, REVIEW AGAIN WHAT YOU THINK IS SOLID THEN FILE NOD TO GET RESPONSE.... THIS WAY YOU HAVE A DIRECTION.... VA RESPONSES TO NOD ARE SUPPOSED TO PROVIDE DIRECTION OF HOW TO DISPROVE THERE FINDING.

RE LOOK WITH FRESH EYES CUS CVAC WILL NOT SIDE ON SUBJECTIVE EVIDENCE ALONE.

( AND FORGIVE ME IF I MISSED OTHER PARTS BUT VA WILL NEVER PAY YOU FOR ANYTHING YOU NEVER APPLIED FOR EVEN IF YOU HAVE PROOF IT EXISTED ) I READ YOUR GRANT AND PLEASE LOOK AT ISSUES.... BECAUSE YOU ONLY HAVE 3 AND NONE STATE IU????

 

Edited March 13, 2018 by paulcolrain