Long story, Advice Please! EED or Nothing?

[taylor99be9]

My claims have been incredibly jacked up since 2012, when I was medically retired for Ptsd/Tbi from the military for injuries that awarded me a purple heart.  
 
Granted (50) Percent PTSD from  VA when i was medically retired which is grossly underrated back then, I mean at (50) Percent for PTSD, if those were my symptoms, I would have never even been recommended for a medboard.
Keep in mind that i was AWARDED Social Security Benefits based only my military medical records and the SSDI granted the Disabilities of : TBI With Migraines,PTSD,Adjustment Disorder with Effective Date : 02/22/2010 the so SSDI made the my Effective Date the same day as my Purple Heart date! 

So  “Effective Date”

(June 27,2012) awarded (50) Percent  PTSD,  (10) Percent Tinnitus,(10) Migraines, (10) Gerd.  
Total combined disability rating (60) percent combined rating upon medical retirement date of 
(june 27,2012)

I appealed the rating decision by IDES of the (50) Percent : (PTSD/Post Concussion Syndrome), then on (October 23,2013) awarded (TDIU P&T) on my appeal  from
 (June 27,2012), the  (50) Percent PTSD/TBI Rating  to (70) Percent based “solely” on the (PTSD/Post concussion syndrome) rating that was originally (50) percent from IDES Medical Evaluation Board up medical retirement.  

So in (11/10/2017) migraines and gerd went from (10) Percent each to (30) Percent increase separates , so now with the TDIU P&T based solely on the (70) Percent PTSD/Post Concussion Syndrome so from 
Effective Date : (SMC -S) =
 (11/20/2017 - 03/23/2018) 
(SMC-S) stopped due to me going from (S)  to (SMC-L) based on aid and attendance “solely” due to (PTSD/TBI) Residuals,  and now my (TDIU P&T) 
for (PTSD/TBI) Residuals would from (70)Percent to (100) Percent Scheduler with Effective Date : (March 24,2018) and awarded (SMC-L) that same day as well, with effective date : 
(March 24,2018)

Then granted (SMC-K) effective date : (02/13/2018).

Then with the extra combined rating a side from the PTSD/TBI which 
is (100) Percent rating now and having a now (50) Percent:  Migraines, 
(30) Percent : Gerd, (10) Tinnitus, I go to (SMC-P1) or (SMC-L 1/2) effective date : (March 24,2018) 

Would the (SMC-L1/2) go back to the “Effective Date,”  I was awarded the VA Caregiver for mental health, ie : (PTSD/TBI Residuals was exactly what i was approved for the grant of the VA Caregiver from (July 26,2012) - (03/17/2014) my wife who is also a RN and my VA assigned caregiver, she left me and divorced me, in (2014), then I never followed up with trying to get a replacement caregiver, so i was TDIU P&T 70% PTSD/TBI Residuals : Effective Date : (June 27,2012) and now now im 100 Percent scheduler, PTSD/TBI Residuals P&T  with Effective Date : (March 24,2018)

Ive had or currently have been awarded :

SSDI Effective Date : (02/22/2010)

TDIU P&T Effective Date : (06/27/2012)

VA Caregiver Effective Date : (07/23/2012)- (03/2014)

SMC -S Effective Date : 11/28/2017-04/2018)

SMC-L Effective Date : (03/24/2018)

(70) Percent TDIU P&T to (100) Percent Scheduler based on “same” rating of the PTSD/TBI Residuals that i was given a P&T status for in 2012 anyways 

(100) PERCENT Scheduler
 “Effective Date” : (03/24/2018)

(SMC - P) Effective Date : (03/24/2018)
Based on having the extra (50) Percent a side from the PTSD/TBI.

So basically (SMC-L 1/2) is my current rating. 

And for the record I’ve, tried going the Supplemental Claim route i was denied the  appealed to Higher level review and was denied everything and now went to the Board of Veterans Appeals in Washington they received it on (OCTOBER 17,2019) and already on (January 09,2020) my appeal case is in ( Front of a Veterans Law Judge) I filed a expedited claim based on my file being jacked up since (2012) with ratings and was told by the VA they did grant the Claim  from me for expedited claim.  Is that a good or bad sign or means nothing at all,that the board of veterans appeals granted me expedited/priority, based on my claims being screwed up? 
 

[GBArmy]

Hi Taylor; welcome to Hadit. EED's can be totally confusing. You can be denied, receive an amended amount on appeal and yet still have an incorrect amount awarded, etc. Some my disagree, but with your complex situation and with all the variables, I would talk to a good lawyer who specializes in that part of law. IMO. It might cost you 20%, but 80% to you can be a lot more than you trying and getting short changed again. IMO.

[ShrekTheTank]

Hi taylor, The BVA will take a closer look at your claim and it will probably take them some time.  I somewhat agree with GBArmy, but I would wait until after the BVA renders a decision as it could all go your way.  Now if it does not and you want to appeal you get to take it to the CAVC in which the VA will pick up the tab for the lawyer at the CAVC level.  This in turn can save you a bunch of retro.  Now if they do Remand back to the BVA you would be on the hook for that portion, but at that time is good to have someone who does this everyday there to fight for you!  

Also the BVA can remand it back to an RO and this part can take a year by itself.  I am sorry this takes so long, but make sure you keep up on appeals as the back pay if far worth it!

[paulstrgn]

Hello Taylor,

I agree with Shrek, wait until after you go to the BVA for they may grant you everything you are looking for. If not as stated by GB and Shrek then get a lawyer. The main thing is don't miss your deadlines for appeals. Good luck!

[broncovet]

I agree with Shrek and Paul.  The effective date(s) for smc is always the "facts found".  I cant tell what the "facts found are", that is the date you first met the applicable criteria, but you are probably right, that its consistent with the caregiver.  

Remember, tho, for issues "other than SMC" your effective date SHOULD be "the date of your exit from service" but only if you applied within a year or exit from service.  If you applied within a year of exit from service and the VA did not grant you that effective date, this "could" be CUE.  

Remember, tho, the "limitiations" of effective dates.  They are:

1.  The date you applied.  (Exception:  When you apply within a year of exit from military service).  

2.  Facts found.  This means the date the doc said you were disabled.  

    There are many exceptions to the effective date rules, at least some of which can be in your favor, such as when you apply for an increase.  

     Effective dates are complex.  Right now, my advice is that you wait until your BVA decision arrives.  At that point, if you dispute the decision, consider hiring a lawyer to represent you at the CAVC.  (You need to do that right away after a board denial or if the Board award is at an incorrect effective date..both grants and denials are appealable, but a remand is not appealable until it becomes finalized.  

     It may not be too early to be planning to appeal your board decision.  Remember, eaja pays your attorney fees when you appeal a board decision in most cases, so you pay nothing to appeal.  

[taylor88be8]

Broncovet,

Good Morning and I appreciate this forum and the information I'm receiving, but I wanted to respond to applied for disability within a year of service, yes sir, I was medically retired thru the VA IDES medboard, so basically I medically retired from the Army on (June 26,2012) and the next day on (June 27,2012) I had my ratings which is the 60 Percent and being underrated that I speak of.

My (permanent & Total) "Effective Date" says (June 27,2012) for TDIU P&T but they have twice denied it through the higher level review and supplemental claim and leaving the Effective Date the (March 24,2018)

Thanks

Edited January 20, 2020 by taylor88be8
Adding photos

[broncovet]

You need to appeal the denials of the earlier effective date appeals, if those decisions were within a year.  

HINT:  HLR or supllemental claim "rarely" result in large retro on effective dates.  Reason?  GS11's are not authorized to cut you a 5 or 6 figure check.  This is done by a judge, so appeal to the BVA.  Yes, it takes longer than HLR, but, if you want your money you have to go the distancc.  If you are within a year of the decision(s), then appeal.  If its longer than a year, you can try "prying open" the claims with a previous new evidence submission under 38 cfr 3.156  OR you can try cue.  

You have 2 additional options:

1.  Work your claim yourself or with a VSO.  

2.  Hire a law firm to fight for an EED.  

If you are even considering option 2, contact a firm, give them your cfile and ask them.  If they offer to represent you, you know you likely have a viable winnable claim.  

Edited January 20, 2020 by broncovet