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Air Force Vet

No longer needed, second signature in claim gathering of evidence

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
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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. 

Edited by Air Force Vet
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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. 

 

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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

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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.  

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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
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