File in 05 was denied

[Armyfemale]

Took 10 years of filing and refilling my claim. First claim was filed in 2005 by American legion  but was denied in 2007 and instead of appealing the rep file a new claim in 2007 which was denied Again in 2009. Changed rep to DAV and once again a new claim was filed and denied in 2013. In 2013 the dav to file my claim and was than denied. In all 2015 is when a rep from the department of veterans affairs help me and was approved within 6 months. So my question is how do i get my date back to 2005. If all info was the same and all claims were the same. I am at 100% which is only temporary 

[broncovet]

It would take a review of your file, including your decisions and cfile, to build a strategy that would likely be successful.  You can do that yourself, OR, its probably worth it to hire an attorney to do it for you.  

Well, it sounds like you are "out" of the appeal period for the most recent (2015) decision.  That would have been a good time to appeal the effective date.  However, you do have some other tools that may result in an EED.  However, Im not going over all of the effective date rules.  You can, however, read these here and see which apply: https://www.law.cornell.edu/uscode/text/38/5110

OR, you can hire an attorney.  They will normally "look over your file" and try to identify if you have a potential for an eed.  They wont charge you to look.  

I would say your chances are "near zero" to ask any of your VSO's to help you win an EED..they have shown they are either lazy or poorly trained, or both.  You should have appealed the decisions much earlier.  

You are gonna need a Vets attorney to have much chance to win this, UNLESS you are:

1.  VERY persistent and patient.  

2.  Organized, and willing/able to read and understand VA laws.

3.  A good reader and have some writing skills and search engine skills  to present your case properly.  

    Even if you have all these skills, I suspect you will "still" need an attorney.  I am very persistent an excellent reader, and, some say some writing skills  and I still hired an attorney to represent me at the cAVC with my effective date appeal.  

 

[vetquest]

@broncovetis totally right.  Your only chance of an earlier EED rests in a lawyer.  Research veterans attorneys and speak to a few to find one that is willing to represent you, a good guide is at:

https://www.nolo.com/legal-encyclopedia/hiring-va-certified-disability-lawyer.html

This attorney might not be right for you but they give some very sound advice.

[broncovet]

Yes, I agree with Vetquest.  This site, NOVA,  (National Organization of Veterans Advocates) helps narrow down your attorney choices.  This is specifically for attorneys who represent Veterans in litigation with VA.  

I personally have hired 3 attorneys.  I first hired NVLSP, and they represented me and won a remand, but I got zip upon remand.  

Next, I hired Julie Glover of Glover Luck.  She also won a remand, and that resulted in my tdiu award.  She got paid about 6000 from EAJA and eventually about 1000 from me, because we won a 5 figure award (over 10,000).

I decided to appeal the effective date of this tdiu decision, and Ms Glover declined to represent me, so I hired Chris Attig, instead.  I really think Ms Gllover was not all that experienced in "effective date" claims, while Chris Attig was.  

Currently, Im at the CAVC represented by Chris Attig, and the appeal is "pretty much done" and IM waiting on a decision from the judge, which is likely in the next 3 months or sooner.  

Nova advocate directory:

https://www.vetadvocates.org/cpages/sustaining-members-directory

I mentioned some attorney names, and will offer some good alternative choices:

Ken Carpenter (Topeka Kansas).  Very experienced, has won millions for Vets.

CCK law.  Also very experienced, and also have won millions.  Larger firm with multiple attorneys.  

Hill and Pontoon.  This firm is great when you dont mind paying a little extra especially if you need an IMO/IME and dont have the cash for it.  They "may" hire you an IMO, and allow you to pay for it out of your retro.  This is huge, if you need an IMO to win it.  

[Armyfemale]

On 2/27/2019 at 2:46 PM, broncovet said:

Yes, I agree with Vetquest.  This site, NOVA,  (National Organization of Veterans Advocates) helps narrow down your attorney choices.  This is specifically for attorneys who represent Veterans in litigation with VA.  

I personally have hired 3 attorneys.  I first hired NVLSP, and they represented me and won a remand, but I got zip upon remand.  

Next, I hired Julie Glover of Glover Luck.  She also won a remand, and that resulted in my tdiu award.  She got paid about 6000 from EAJA and eventually about 1000 from me, because we won a 5 figure award (over 10,000).

I decided to appeal the effective date of this tdiu decision, and Ms Glover declined to represent me, so I hired Chris Attig, instead.  I really think Ms Gllover was not all that experienced in "effective date" claims, while Chris Attig was.  

Currently, Im at the CAVC represented by Chris Attig, and the appeal is "pretty much done" and IM waiting on a decision from the judge, which is likely in the next 3 months or sooner.  

Nova advocate directory:

https://www.vetadvocates.org/cpages/sustaining-members-directory

I mentioned some attorney names, and will offer some good alternative choices:

Ken Carpenter (Topeka Kansas).  Very experienced, has won millions for Vets.

CCK law.  Also very experienced, and also have won millions.  Larger firm with multiple attorneys.  

Hill and Pontoon.  This firm is great when you dont mind paying a little extra especially if you need an IMO/IME and dont have the cash for it.  They "may" hire you an IMO, and allow you to pay for it out of your retro.  This is huge, if you need an IMO to win it.  

Thank you for the info. My vfw rep file it with a senior reviewer and in less than 30 day had a decision of denied. 

[broncovet]

Ok.  You need to file an I9..appeal to the Board of Veterans Appeals.  Get a copy of your cfile.  

Also possible is new and material evidence 38 cfr 3.156.

READ the denial (most recent) and try to refute what they said in the decision.  

Your effective date is the later of the facts found or date you applied.  

Did a doctor say you were not disabled until 2015?  If so, you wont be able to overcome this until/unless you get a medical opinion (IMO) that reviews your records and can point to an earlier date when symptoms began in your records.  

This is likely the problem, but it could be something else, too.