EED

[Jimmer]

Hi Everyone,  I really want to thank you all for the great job, you are doing.  You have really helped me out in filing my Disability Claims, as the V.A. had me twisted up in a knot, before I get the valuable help from all of you.  I have an interesting question.  In 2006, I filed a disability claim for my left eye, and naturally was denied.  I was denied again, even tho the verification of my injury was in my SMR.   Finally I had a BVA hearing in 2013, and I was approved.   I was low-balled at 10%, immediately filed a NOD, received a C & P exam, was raised to 60%, two months later the V.A. CUE'D themselves and raise it to 80%.  They did give me a EED date of 2007.  I contacted the VA and stated I had filed claims on my left eye in 1970, 1973, and 1978, and they were denied.  The V.A. claimed they had no record of me ever filing a claim.  I just went thru my SMR page by page, looking over everything, and I  found  letter from the V.A. stating "You were previously denied service connection for your eye condition.  You were notified of the decision on 04-24-1970".  I know the V.A. had received the claim, because this letter was stamped by the V.A. saying "copy provided by VARO Phoenix".  I feel that I should have this as my EED.  I know the VA. would fight me like hell, because of the length of time of the award.  And I do realize I did initially receive 10% in 2007, so I would be acceptable with that.   So after the V.A. telling me for years and years they never received my claim, I have proof.    What would be the course of action to take at this point.  I got out of the Marine Corps in late 1969, and I my eye  injury with my eye was the reason for being discharged, along with other secondary problems.

[broncovet]

Based on what you posted, yes, you should get an eed, IMHO.  I will, however, give you a little secret:

GS7 rating specialists "dont have the authority" to sign off on a document that will give you 37 years of benefits, even at 10 percent.  Instead, you will need an attorney to represent you.  

I also am seeking an eed and, even tho I proably understand effective date law better than many/most, I still hired an attorney to represent me.  If I win, I will only win 2 years of benefits, but, it will be at 100 percent so that is still worth it for me.  

Now, my advice is to hire your attorney "at the right time".  Why?  The EAJA will pay your attonrey fees, but "only" if you are at the CAVC level. YOu can appeal, pro se or with a VSO up to and including the BVA appeal level.  But, once you get a BVA  denial, immediately hire an attorney to appeal ao appt the CVAC.  

An attorney will cost you about 20 percent of the retro UNLESS EAJA pays your fees (like they did mine).  

So my advice is to ap ppeal the VARO decision within a year and get it to the BVA level as quick as possible.  But, if/when you get a bva denieal, be ready to appeal to the cavc and get at attorney.  You may get it resolved successfully at the board level.  

[Jimmer]

broncovet, thanks for the information.  I agree with you, I will get an attorney, at the CAVC level.  I figured I would need to go that route, and I just wanted to get verification  for this.  I will follow your advice,  and will get the process rolling immediately.  Once again, thank you for  help on this matter.  Jimmer