Jump to content
  •  

    Get Your HadIt.com Merch.

    2022-11-16_06-22-29.png

    Check them out here

  • 0

Possible EED?


BuddyLoveAK

Question

Hi all, here is the BVA's decision on my appeal. I originally filed a claim for depression back in 10/2007 but was denied. Then I opened a claim for Bipolar in 11/2015. I hadn't even considered the 10/2007 as an EED, but in the decision the judge keeps referring to the 2007 claim and says that my Bipolar claim is new and material evidence that reopens that claim. Am I reading this right that I may be able to get an effective date back to 10/2007? Thanks for looking over my decision and helping me out.BVA Decision 3.1.19.pdf 

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

  • 0
  • Moderator

Well, yes.  The board did not give you a disability percentage or effective date in that decision, but I agree that they said it was a reopening of the 2007 claim, so that is good news for you.

However, you have to consider part 2 of the general effective date rule:

Your effective date will be the later of the date of claim or facts found.  This means when the doc said you were disabled.  

You have 2 issues remaining:  What is the effective date, and what is the disability percentage?    Remember, the VA LOOOVES to hornswaggle you not only on the effective date, but on the disability percentage.  

This board decision was largely favorable, and you need to wait for a VARO implementation.  If the implementation pulls typical BS like "zero percent" effective in 2018, then you appeal.   You have to wait for the implementation VARO decision.  

Link to comment
Share on other sites

  • 0

Thanks Broncovet! I'll just have to wait and see if they want to play games or not. I think I have a pretty strong case for a higher rating. I'm on SSDI for my service connected disability and the last c&p exam they gave me in 2016 was a strong 70% exam. The doc checked off almost all of the symptoms from the 70% list. So they'll have to get really creative if they want to low-ball me on the rating.

Link to comment
Share on other sites

  • 0

I was discharged March 2007 and filed for depression Oct 2007. Since it was within a year of my discharge does the EED go back to my discharge date? 

Link to comment
Share on other sites

  • 0
  • Moderator

Yes, it goes back to the date of discharge, but not appealing isnt going to help, and may rule that out.  Its a legal question that may not have been decided yet.  

Link to comment
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.



×
×
  • Create New...

Important Information

{terms] and Guidelines