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Form 20-0996


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 by paulstrgn
Posted before I was done adding in the questions.

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Just now, paulstrgn said:

o bad they don't pay interest too...lol

if only

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Let me be clear I have gotten nothing other then one Dro who placed my appeal on the advance the docket lane help from the local office nothing don’t even waste your time appeals are moving way faster now they even have there own counter on Va.gov to keep track. I may be alone but saves years of your life and just go to the BVA I would say hire a reputable attorney and go that route. I know it sucks losing money I lost about 45k in back pay but I looked at it well I just got almost 100k which was more than nothing which is where I was years ago when I won my family is set. But even when he wins you don’t stop the fight it’s not the final bill until your P and T if you think that’s what you rate don’t stop....I have stopped fighting for an EED just because it’s time to focus on my children priority family over VA 

Edited by jfrei

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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.

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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 by jfrei
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