EED for AMA Supplemental with ITF

[armyvet05]

Hello and thank your reading. Can I file for EED and how to do so?

Filed Claim with 4 contentions on September 10, 2019 with a ITF from Sept 17, 2018-Sept 16, 2019 after being told by the VBA I needed to file it as Supplemental cause previously denied and closed. I got word from Peggy and sent it in with my new and material evidence to include my ITF 09,‘18-09,’19 which was in the first filing, in time under my ITF on Sept.  14, 2019.

In late October 2019, Supplemental MH approved and IU inferred/deferred pending application with an effective date of Depression as Oct. 1 2019. 

I bunched the Depression with 3 others but then quickly submitted it as Supplemental still within my 1 year ITF. All three other claims denied sc or increase denied. 

My ITF is good for the other 3 and still is do to HLR pending but VA paid no mind of my Supplemental’s EED. 

I ask again, does my ITF cover my AMA award? If so, how do I appeal for it? 

Edited January 8, 2020 by armyvet05
added evidence show submitted ITF with n&m evidence

[armyvet05]

My review of Evidence used to decide my Supplemental Claim does not show the VA Form 21-0966, ITF, was used in VA Rating decision, yet my fax cover sheet and packet has it listed as evidence sent. I sent it with the 20-0995 and 25 pages from Dr Valette. 

My 3 Claims that were denied that I uploaded 4 days prior on eBenefits does use the same ITF as Evidence used. 

All 4 claims were originally sent in under that ITF, MH kicked back for AMA form. I submitted all new and material evidence to include the active 21-0996 4 days later and 3 days before the ITF was exhausted.

End date on the Supplemental is currently open due to deferred IU that’s is coming to a close soon and with a seemingly positive C&P for IU and/or maybe even 100% scheduler increase of MDD. Also have 7 other SCs that are at 70% before the MDD approval so SMC S is at play. 

Any recommendations on if I should wait the IU decision or now, Send in a CUE or 958 for my EED back to Sept 17, 2018 for the current 70% rating MDD and maybe eventually IU+ SMC S? 

 

[ShrekTheTank]

Ok so you have a lot going on here.  First have you received a decision yet?  If not there is no reason to file for anything if you do not have that yet.

If you have received it please post it here (MINUS ANY PERONAL INFORMATION).  cover it or anything you want to do so no one can see that information.

Next we need to see what they said about any condition before we can give any advice on how to help you fight this battle.

Sounds like you have the lingo down, so you understand quite a bit of this stuff.

You did cover quite a few options you might have depending on what happened, but it is putting the cart before the horse if the decision is not back.

Back when I first started to fight the VA I wanted to take on the world and kick some ass!  There is nothing fast about this process.  It is a marathon that lasts for years!  I have said this before This is the hardest battle of your life!  

 

[broncovet]

Yes.   But I agree with Shrek..you have to have a decision with a wrong effective date to appeal the effective date.  You cant appeal the effective date for a decision that has not happened.  There is no such thing as a "stand alone" claim for an EED.  You need to "appeal" an effective date error after it happens.  You also can not appeal "service connection" based on "you think" it will be denied.  You have to wait for a denial letter, an ebenefits comment is not the same as an official denial letter.  

To understand, VA calls it "down stream issues".  

VA adjuticates claims "strictly in the following order":

1.  Service connection.  The VA "does not" give an "effective date" if sc is denied.  

2.  Disability percentage.  The VA "does not" give you a disablity percentage on conditions where they deny SC.  (Exception:  VA sometimes, when awarding "pension" applies a disabilty percentage to NSC conditions for pension purposes).  

3.  Effective date(s).  Effective dates are always adjuticated "only after" SC and disability percentages are established.  

     I think there is a reason VA does  this:  They LOOOOOOVVVVE   Delays.  For me, they first adjuticated SC (denied).  Appeal, years later, awarded.  Then, I got a lowball.  Back to appeals.  Finally, I got the percentagae I wanted but at the wrong effective date.  That is 3 trips to appeals and 3 sets of delays for each claim.  VA loves it because they can string out claims for decades like that.  

Edited January 8, 2020 by broncovet

[armyvet05]

Rating Decision Granting Depression at 70% with effective date of Sept. 14, 2019 and Deferred IU.

IU is still ongoing keeping Supplemental Claim open. 

Edited January 8, 2020 by armyvet05