Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
broncovet

APPEALING YOUR EFFECTIVE DATE(S)

Question

If you have a BVA decision within 120 days, or a VARO decision within a year, you can appeal the effective dates. 

The VARO decision can be appealed with a NOD, the Board decision must be appealed to the CAVC.  I recommend hiring an attorney if you dispute a BVA decision, as many/most will do so for the EAJA fees, so it will likely cost you nothing even when you win.  

I will summarize a few of the arguements that Veterans have used to win an earlier effective date.  

Generally, your effective date will be the later of the facts found, or the date you applied.  There are some notable exceptions, however:

1.  New Evidence.  If you submitted new evidence, you may get an earlier effective date via 38 CFR 3.156 b (pending claim) or 3.156 c (new service records.  Check to see if you submitted new evidence in the appeal period (3.156b), or anytime if it was new service records. (3.156c).  

2.  ITF.  OFten, VA gets this wrong, and does not give you the earlier "ITF" date.  https://www.hillandponton.com/common-effective-date-errors-va-makes/

3.  Other things VA does wrong:  

http://www.purpleheart.org/ServiceProgram/Training2011/W-2 Common VA Effective Date ErrorsL.pdf

4.  Claims for increase.  A claim for increase should give you an extra year, if your symptoms warrant it.  See the purple heart link, above, number 5.  

 

 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

Good info!

Share this post


Link to post
Share on other sites

Ad

  • 0
On 9/14/2018 at 10:37 AM, broncovet said:

New Evidence.

Bronco, have a question for you on "new evidence" and procedure.

I was diagnosed for Sleep Apnea in 2013 after the VA sent me to a sleep study. They did not rate for SC nor did I ask at that time as I did not know SA was a rated condition or could be a secondary condition to my rating for PTSD.

I know in my SMR's there are documented sleep issues including snoring etc. that occurred after my nexus PTSD events. I am waiting on my C-file to find out the exact wording and dates.

My question is this.

If, as I believe, my SMR shows the sleep problems and as I am already rated 100% for PTSD, could/would I claim the SA as an independent condition or would I have to claim it as secondary to PTSD?

I am positive it is service connected and that my records will prove that, but in context to compensation as I am at 100% P&T on PTSD, the SA as secondary would have no compensatory value to me, at least as I understand the rating rationale.

any input would be helpful

Thanks

 

Share this post


Link to post
Share on other sites
  • 0

The VA has to officially consider all manners of SC:  Primary, secondary, presumptive, etc.  We all know Va does not (always) do what they are supposed to do.   

Therefore, claim it both primary and secondary to ptsd.   While I dont recommend you "wait" until you get your cfile to ask for this increase (how much retro money do you have to throw away by waiting?), when you do get your cfile, the medical evidence for one or the other (sometimes both) should be obvious.  

For example, if your sleep doc indicated this was related to PTSD, then there is your nexus.  

Share this post


Link to post
Share on other sites
  • 0
21 minutes ago, broncovet said:

claim it both primary and secondary to ptsd.

Bronco,

Thanks for the response. I will file an intent today.

I am curious though about the quoted line. How does one do "both"? I cannot visualize that process. any guidance is appreciated.

 

Share this post


Link to post
Share on other sites
  • 0

If you use the 21-526ez form, simply write, in line 17:

1.  Sleep apnea...(sleep disorders noted in service).

2.  Sleep apnea (secondary to PTSD)

Then put the treatment dates for your sleep apnea, when you were diagnosed, etc.  If a doctor opines that your sleep apnea is secondary to PTSD, put that date he said this, in number 2.  

I do not suggest "burning down any bridges" to service connection before your cross them.  

You see, doctors differ on their opions about everything.  

You may run into a sleep doc who thinks that PTSD and sleep apnea are linked.  

However, you may run into a sleep doc who thinks you probably got it in service.  You dont care which one, you just dont want to burn down either of these bridges. 

While its true the VA should have to consider both, dont count on a GS7 doing his job, when you can make sure it happened.  You have a dog in the fight.  

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines