Appeal for EED

[bleggett29]

Is an appeal for EED feasible with the following facts:

1.) Veteran started a claim via eBenefits, thus establishing veterans' intent to file.

2.) 9 months after starting claim, veteran attempts to complete and submit claim via eBenefits but an error caused by eBenefits forced veteran to delete and start new claim (twice).

3.) VA grants claim with an effective date the new claim was completed and submitted (9 months after ITF)

4.) Veteran did receive  via email Receipt of Claim  of when veteran started original claim.

 

I've been looking at 38 CFR § 3.1 (r) but am unsure if it would apply in this case. 

 

Thanks

 

[paulstrgn]

I did a HLR for an EED. I had started a new claim the same day I submitted a claim in ebenefits, it considered my new claim as a duplicate to the one I filed. Is what I did to establish it as being an error from ebenefits is I printed out copies of om messages from ebenefits one showing the claim I filed and one showing that I initiated a claim. 

Here is part of the verbiage I used in my HLR: "The system thought this was a duplicate filing since I had filed a claim earlier for major depression and then later in the day started a claim online for erectile dysfunction. This appears to be a system error/glitch and for some reason the actual effective was lost. I am submitting screen prints which shows when I submitted the claim for major depression, when I started a claim online for erectile dysfunction and where the system shows a duplicate filing on February 17, 2019 when in reality it was not a duplicate."

Hopefully ebenefits message section shows that you started a claim, if so it is an easy fix for the VA.

It was corrected in less that 45 days and I got my back pay.

Good luck

[bleggett29]

Thanks for your reply. This brings my spirits up some. I've been fighting this for awhile.

I just looked at my messages on eBenefits. It does show the original claim, both of the other failed claims, and the successfully submitted claim. The original filing date was Jan 2013. Final claim submitted Sep 2013. Claim awarded July 2015. NOD filed Aug 2015. Entered RAMP July 2018. Received denial Jan 2019. Been sitting on this since. Decided to get off my @ss recently.  If awarded, it would be a sizable chunk of change.  7 months @ 100%  plus (hopefully) 5 years 8 months of SMC(S-2) that was also denied in Jan 2019. I was awarded SMC(S-1) last Oct. after finally getting 100 + 60.

[broncovet]

File an appeal beginning with filing a nod to the VARO decision.  

Submit "any" documentation that you have that you filed an ITF.  However, understand that the ITF has "gone away", but older ITF's may work.  

In the future dont file an ITF, file for benefits.  Its one MORE way the VA tries to find a glitch to hornswaggle your effective date.  

Effective dates are complex..one of the most complex of VA law.  The general rule is your effective date is the later of the date you filed or the facts found.  (Date the doc said you were disabled).  There are several exceptions to the general rule, however.  And there are exceptions to the exceptions.  

An attorney may be able to help you with more than 5 years of benefits.  Usually, they dont want to mess with it if its less than 10,000 retro.  Normally they like working six figure retros, but ask them for help and see what they say.  It costs zero to ask.  

 

Edited October 6, 2019 by broncovet

[broncovet]

Since you received a decision Jan. 2019, you have the option of Ramp (AMA) or legacy appeals.  A few of your options are:

1.  DRO

2.  HLR

3.  SUPPLEMENTAL CLAIM LANE

4.  BVA appeal with hearing.

5.  Bva without hearing.  

6.  Numbers 1,3,4,or 5 with new evidence.  

7.  HLR with no new evidence.