Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 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
     
  • 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

  • 0

Possible EED?


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 post
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 post
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 post
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 post
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 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.

  • Ads

  • Our picks

    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 7 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines