Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

No longer needed, second signature in claim gathering of evidence

Rate this question


Air Force Vet

Question

I am new to this forum. I filed a claim for IU on 4/16/2018. I see in ebenefits that my claim is in the gathering of evidence phase. Under needed from you it says date not available, no longer needed, second signature. Could some please tell me what this mean.  I am rated at 90% disability for back, knees and feet. 

Edited by Air Force Vet
Add more content
Link to comment
Share on other sites

Recommended Posts

  • 0
36 minutes ago, Air Force Vet said:

 

Thanks Buck52

I first filed a claim for iu on 5/16/2016 and was denied. Would they use this date as my effective date if awarded iu instead of 4/16/2018 when I filed my new claim.   Is it not true that if a second signature is needed a retro payment of 25,000 or more is granted. 

 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

No, it IS TRUE more than one signature is needed for retro over 25.000.00...

Need more information about your claim?

If you first filed a claim back in 4- 16-16 and was awarded 90% & if the  s.c. conditions kept you from working they should have infrred the IU THEN, so they may go back to that date of 4-16-16

 [Collier v. Derwinski, 2 Vet App. 27=47, 251 (1992)

.depending how much retro you will be entitled to as to a second signature 

but they will adjust the retro accordingly to what they already paid you at the 90%rate  

or since over a year has gone by and you filed for increase   they could go by that date ...do you have a  (VSO)?Veterans service officer?  

They should go by the date you first filed for IU.  IF YOUR AWARDED IU.  and if your granted the IU  the retro should be more than 25.000 if they go back the two years?  depending on your dependent status...the more dependents you have the more $ you will recieve.

Edited by Buck52
Link to comment
Share on other sites

  • 0
  • Moderator

This is another example of how ebenefits is unreliable.  In 2010, Macklam showed that EAP equals CUE.

http://thomasandrewslaw.blogspot.com/2010/08/macklem-eap-equals-cue.html

This means that VA can not require 2 signatures in retro over 25k..at least they cant do that and let the VEt know they did it.  If they dont get caught violating their own regulations, then it didnt happen.  

Link to comment
Share on other sites

  • 0
4 hours ago, Buck52 said:

No, it IS TRUE more than one signature is needed for retro over 25.000.00...

Need more information about your claim?

If you first filed a claim back in 4- 16-16 and was awarded 90% & if the  s.c. conditions kept you from working they should have infrred the IU THEN, so they may go back to that date of 4-16-16

 [Collier v. Derwinski, 2 Vet App. 27=47, 251 (1992)

.depending how much retro you will be entitled to as to a second signature 

but they will adjust the retro accordingly to what they already paid you at the 90%rate  

or since over a year has gone by and you filed for increase   they could go by that date ...do you have a  (VSO)?Veterans service officer?  

They should go by the date you first filed for IU.  IF YOUR AWARDED IU.  and if your granted the IU  the retro should be more than 25.000 if they go back the two years?  depending on your dependent status...the more dependents you have the more $ you will recieve.

Good day to you Buck52.

I was awarded a 70% disability rating on 4/16/2016 filed for iu and was denied. On 2/28/2018 I had another C&P exam and was awarded a 90% disability rating. On 4/16/2018 I filed for iu. Claim is presently in Gathering of evidence. With the statement I mentioned earlier of Date: not available, No longer needed, second signature.  I have another C&P exam sheduled for 5/22/2018 for this filing for iu on 4/16/2018. 

My sc disabilities include:

1. Myofascial lumbar syndrome 40%

2. Left knee 40%

3. Right  knee 10%

4. Plantar fasciitis 30%

5. Lower left extremity radiculopathy  20%

6. Lower right extremity radiculopathy 20%

I hope this helps. Thanks for your time and patient. 

Edited by Air Force Vet
New content
Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

ok if your approved for the IU YES they should use the date you first filed for the IU...So check the reasons and bases  date or ''What We Decided'' date for your EED it should go back to the 4-16-2016 date.

Link to comment
Share on other sites

  • 0
29 minutes ago, Buck52 said:

ok if your approved for the IU YES they should use the date you first filed for the IU...So check the reasons and bases  date or ''What We Decided'' date for your EED it should go back to the 4-16-2016 date.

Thank so much for the info and your time. Have a great day. 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use