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gabwp

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Good morning all my brothers and sisters!

I'm a newbie here, so I apologize in advance if my question is redundant.

I reopened by SC claims and yesterday they upped me to 70% from my 50%.  Yay me!  Getting closer to that magic number.  

Anyway, on ebenefits and under disability, the list shows 7/10/2010 (the date I opened the claim) and 8/13/2019 (the date of the C&P exams) as the effective date.  My question is:  Is that the date that they base payment on?  

I was expecting retro on the shoulder since they said is was SC is 2000, but rated it at 0% at the time.  FYI, all these disabilities were rated to the date I got out, 8/25/1990 back in 2000.

Thanks in advance for any guidance.  I know if I waited for my packet, it will all be explained.  But....  Yeah.  LOL

Gabwp (Dawn)

Rated Disabilities

Disability Rating Decision Related To Effective Date
limited motion of the temporomandibular articulation 30% Service Connected   07/10/2019
cellulitis of face and neck to include streptococcal infection of face and neck   Not Service Connected    
right thumb disorder   Not Service Connected    
bilateral hearing loss   Not Service Connected    
residuals of hepatitis   Not Service Connected    
neuroma of the right wrist   Not Service Connected    
De Quervain's syndrome, right wrist and hand with osteoporosis 40% Service Connected   12/01/2004

right shoulder tenderness

20% Service Connected   07/10/2019
asthma   Not Service Connected    
right arm disorder   Not Service Connected    
chondromalacia of left knee 10% Service Connected   08/13/2019

 

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Thanks much!  That's what I was thinking but as you all know, this process is a roller coaster of ups and downs in the thinking process.

gabwp

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  • HadIt.com Elder

Hi Dawn, welcome. As Bronc said it is best to wait until you get your decision letter (BBE). Keep in mind the VA will use the latest effective date of when the injury was disclosed and acknowledged by them, or what usually is the case, the date you filed. If you haven't had a continuous open claim since 2010, then there is a break of one year or more, it isn't continuous and therefore a new claim. If it has been open all that time and they try to short change you, you can always appeal. Wait for that big (FAT) BBE!

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Thanks!  The VA acknowledged the SC on the right shoulder in 2000, but didn't rate it.  They just gave me a 20% rating on it.  I guess I'm just thinking that since the claimed it, but didn't rate it in 2000, they messed up back then.  I've been telling them it hurts and it's limited motion since I got out and it's been documented that the ROM was limited and that there was pain from the beginning.  I heard that they now can rate on pain.  

And I know I'm wishful thinking.  LOL  Just gotta wait for the BBE.  I hate waiting!  🙂

Thanks,

gabwp

 

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14 hours ago, gabwp said:

I reopened by SC claims

The real question here is when did you file to reopen? On Feb 19, 2019 the AMA process went into effect. Part of that comes with lots of new rules. The one that applies to you is what GB mentions. Was this a continuous claim?

If you filed to reopen before the AMA can into effect your claim is under Legacy or RAMP if you opted in. Under those processes there is a potential opportunity for an Earlier Effective Date if you records indicate that is the correct decision. If you filed to reopen AFTER the AMA came into effect your Earliest Effective Date will be when you reopened the claim.

Going forward if a claim is let go stale, meaning you are not continuing appeals etc, for more than a year you break the chain of possibility to get an EED.

This was an intentionally designed change by the VA to prevent veterans from figuring out 4 years after the fact the VA messed up their claim and then having to pay them retro for that claim.

The odds are in their favor as a significant majority of Veterans stop after they get their award or denial. Many don't NOD or Appeal for various reasons and va-exhaustion is one of the primary reasons. Collectively we get frustrated with all the road blocks and hoops in the supposedly non-adversarial VA compensation process and just run from having to deal with Benefits and Claims.

If you fall under AMA with this reopened claim, then the only other possible way to get the EED is if there was a CUE in deciding the original decision. Many of us get SC'd for stuff but at 0%. That is not by itself a CUE. There would have to be some real serious but real obvious (in the legal or medical sense) that occurred in relation to assigning 0%.

For example, you had full scale renal failure but your C&P Doc said your kidneys worked fine. That would be a bozo no-no as the Dr obviously did not do a thorough review of your records as required in 4.6.

on the other hand let's say you have a medical opinion that says your ROM for a leg/back issue significantly impacted your work, but the C&P Dr. citing the same evidence said "nope, he can go ballroom dancing and do gymnastics" that in itself is a difference of opinion and is  not a CUE, unless you can demonstrate the C&P doc made that statement without looking at all of your medical files, then you are back to 4.6.

hope that helps

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Thanks for all this new info!

It's a reopen and I did it Jul 10, 2019, so I'm not going to be getting an retro from the sounds of it.  

As for opting into RAMP, I have no idea what this is so I'm pretty sure I didn't opt in.  Seems like I need to catch up on the VA mumbo jumbo.

I, like so many others, got the VA fatigue and just let the last decision be satisfactory instead of starting the fight all over again.  It appears now that that complacency bit me in the butt.  Live and learn.  I'm planning to appeal the rating, as well as add a new claim for PTSD in the very near future.  

Again, thanks for all the info!  You all rock!

gabwp 

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