Form 20-0996

[paulstrgn]

I have a couple of basic questions, I think I know the answer but want to make sure.

On the form Box 13 states "If available, I would like HIGHER-LEVEL REVIEW conducted at the same office within the agency of original jurisdiction" Is it best to have the same office or go someplace else?

I am request a EED on a BVA grant. The BVA granted my case on 7/2/2019 andf the RO assigned the effective date and percentages on 8/23/2019. Which date do I list for the for the date of the decision notice? I am thinking it would be 8/23/2019. They gave the effective date of 7/2/2019 the date of the BVA grant. The BVA said they were deciding the case denied on 3/2016.

 

The effective date of this grant is July 2, 2019. Service connection has been established from the day VA received your claim. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA received the claim. (38 C.F.R. §3.400)

38 CFR § 3.400 states in part:

"General. Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later."

 

The original claim was filed 7/25/2015 (first time I had ever filed for VA benefits), it was denied on 3/16/2016. Filed reconsideration on 9/27/2016 which was denied on 11/26/2016. Filed a HLR on 5/1/2017 upgraded to RAMP on 5/24/2018. HLR was denied on 8/15/2018. Filed with the BVA on 10/4/2018 and was granted by the BVA on 7/2/2019. Now I did everything within one year of each denial so I am thinking it should have an effective date of 7/25/2015.

Besides the two questions at the beginning. Is the VA correct on the 7/2/2019 effective date? At a minimum I would think it should go back to 5/1/2017.

Any help is always greatly appreciated.

 

Edited September 9, 2019 by paulstrgn
Posted before I was done adding in the questions.

[paulstrgn]

I have been lucky so far with DRO reviews so far, I have filed two EED and won them both. I have to date only filed one case with the BVA and I also won it.

For me the P&T is worth it, the education benefits my two boys will get make it worth my time. I have invested that much time except for doctors appointments, the time to put the case together is only a few hours each time (I would say less than 10). I do research issues at night for various reasons I do enjoy researching interesting items.

I find that the work I have put in for the VA claims have not taken much time at all from my wife and two small boys. But I also consider all this work is investing in my wife and kids future.

1 hour ago, jfrei said:

I have stopped fighting for an EED just because it’s time to focus on my children priority family over VA 

I can certainly appreciate putting your family first, you are never wrong when you do that.

[jfrei]

Luckily with my P and T when I filed my appeal the RO when prepping my appeal noticed the doctors all said it’s permanent so basically wasting the judges time for something moot....all in less then 3 weeks 

Edited September 13, 2019 by jfrei

[paulstrgn]

Had my call today with a senior rater for my HLR for my EED and hypertension rating. She was very nice and very professional, we talked about 30 minutes. She said it is obvious that who ever gave me the original effective date of 7/2/2019 clearly did not look at the record. She mentioned how the BVA decision was based on the denial dated 3/2016. She said she will decide the case probably next week since she was making several calls today for other veterans. We then talked about how I got the 0% for hypertension, she said the previous rater did not look at the file. She said she will look at my evidence I submitted and if it supports a 20% grant she will give it, if not she will set me up with a C&P to perform my BP check. She told me that for the hypertension the effective date will be based on when the BP check was performed, she said if I use what you submitted it will give you a 2017 effective date for hypertension. I am completely okay with this for it does make sense. If I get an effective of 2017 for hypertension and a 7/2015 effective date for SA I am good. After all it's the SA that will give me the real back pay. 

She also said she sees a lot of mistakes because they have hired a lot of new raters and that the training they received was lacking. As many have said here if the back pay is over $25K then it requires an additional signature. I am hoping I need that additional signature...haha

I also filed the HLR via fax on 9/10/2019 and it made it into the system on Monday, I am super impressed that it is already being looked at. It appears that the AMA process is considerably faster. I have a CUE under the old system that they have had since August that is still pending. 

[GBArmy]

Well Paul, that was an uplifting report. Very quick response date, an intelligent conversation with a VA rater, good/positive response to your evidence, etc. Sounds like you buy the coffee!

[paulstrgn]

I might even include lunch...lol

But yes I was very pleased.

[lawbro]

Hi @paulstrgn

Did you ever get your official response from the HLR? I am filing mine by Fax today and was hoping to hear an official uplifting response about one since everybody else appears to be denied again during them.