Effective Date change

[tim8649]

I filed a VA claim in 1992 and was sent a letter 2 months later saying claim is deferred also got a letter the next year 1993 saying the the same thing. Went to my local VA office and they told me it was denied but never got a denial letter from the VA. I applied again last year 2017 and was approved. the Question i have is , Should my effective date be for when i just applied or back when i applied in 1992?

[Buck52]

you need to request your C -File and see if that 1992 denial is in it?..very important here. 

if it is then you can reopen this claim and ask the VA to CUE them self. USE THE DENIAL LETTER AS NEW &MATERIEL EVIDENCE, if the deferred claim letter is not in it  you might have those? but they can say they sent these to you .....unless you moved left no forward address and they return to the VA they should be in your C-file.

Since VA Failed to send the denial to you is 1992..& if the denial is not in your C-File  they will probably use the 2017 filing date 

Edited July 21, 2018 by Buck52

[tim8649]

Thank you Buck52 for your answer.I talked with a VA rep and he looked into my file and seen the two deferred letters but no denial in the file. He said that the deferred claim was never closed. He said i should file a request for reconsideration for rating decision to change my effective date. Is this the right way to proceed ?

[Buck52]

TIM

Unless this is correct what your VSR mention

'He said i should file a request for reconsideration for rating decision to change my effective date. Is this the right way to proceed ?''

you want the 1992-93 effective date  reconsideration date will be the new EED. (I am Thinking?) but could be wrong...I need to research it.

I changed my mind after thinking  for you to reopen , if you reopen you will need new an materiel  evidence  however the EED will be the date you  file to reopen ...so disregard that.

The Alternative would be to file a new claim but they will not go back to the 1992-93 dates...

 A deferred rating decision is issued when the claim is underdeveloped (not enough evidence) or if the claim is incomplete

you need new and meterail evidence to support your claim and the VA Needs to let you know this if they have your claim defrred you should have recieved notice and the information letting you know what to do, failure to do this is CUE.

Are you sure you never NOD Back in 1992-93 Claim? 

all your appeals has been exhausted?

I realize you have to be denied to NOD a claim...something is not adding up.

to many years have gone by to have a ''incomplete'' claim?

This claim must have been abandoned without notifying this veteran!

1992-93 Ask the VA to RTC(Rate the Claim)  IF NO DECISION AS BEEN MADE IN ALL THESE YEARS

What you can do  if you have not had a decision on this claim since 1992-93 ( RTC)

 

Other members please chime in here..his claim has been under continuous prosecution since 1992-93 and  recently let him know his claim has been deferred? his claim  has not been decided since 1992-93 

so it has to be a abandoned claim  correct?

I think the claim was closed  but without the veterans knowledge  this would be CUE Correct?

broncovet Ms berta??? what this veterans alternative?

Edited July 22, 2018 by Buck52

[tim8649]

Buck52 i will go back to the VA next week and talk with the VSR again. But yes he looked it up and also showed me the file and it shows my claim in 1992 and the two deferred letters they sent me and then my new claim in 2017 that was approved. He said that the 92-93 claim was deferred because the VA was waiting on my  STR's, and since i was approved in 2017 with the same STR's that the VA was waiting for back in 92-93, then the effective date should be 1992. Thank you Buck52 for the help

[Buck52]

IF THEY MADE A DECISON ON THE 92-93 CLAIM Yes they should use those dates  for EED.

.Even if the claims were deferred if they don't give you these dates for EED  get the VSR to show you the regulations that its not! or you may lose out on a lot of retro.

[broncovet]

Don't file a reconsideration.  File a nod.  You are gonna need a lawyer.  If you don't want to pay 20 percent, then you can pay 100% instead.  Gs7's are not authorized to cut half million dollar checks.  You don't have to like it but people other than Berta don't win 6 figure retros without a lawyer