Dates and more dates? for possible EED

[Buck52]

If the VA R.O. Makes errors in your Award letter and also in your EOB about your effective dates more than 3 times  with different dates , normally this would be called a flat out error and the veteran could possibly CUE them on these dates 

but how do they find the correct dates?

and also I was told that when VA Makes a TYPO error  this will be in the VA Favor  and the Vet loses.

In other words they have my EED down several times and all different dates so I don't know what the heck to do.

who decides what are the correct dates?

They have my DATES ALL SCREWED UP AND i AM TOTALLY LOST.

My reason I am onto this I was reading my CD Format C-FILE and found all these errors on my award dates   dating back to 2002/2003 and from what I found they shorted my retro by thousands.  but I need to know the correct date   to do anything  and I need proof.

Any body have any suggestions?

[Vync]

Are the different EEDs for the same percentages?

In one of my ratings, the VA misread/typo'd the ROM % and assigned me a lowball rating. I submitted a request for reconsideration (at the time) and they corrected it and granted the correct rating.

You are on the right track. If it was me, I would identify each error with any proof to back it. Research the laws/regs in effect at the time the decision was made to see which ones were not followed correctly. Don't forget to check any precedent setting court rulings in effect at the time. Then send a CUE request to the VA with the details and evidence. You could also reach out to NVLSP to see if they would be willing to help you sift through everything and represent you.

[broncovet]

I agree with VYNC.  If the effective dates are ambigious, then attorney representation should fix it.  

The decision maker decides the effective dates, and it "should" be in each decision awarding benefits, as well as each increase.  If the decision did not specify the effective date, or if they are ambigious..then you may have Clear Error.  

It would be error for the VA to have conflicting or ambigious effective dates.  

[Vync]

Just make sure the attorney has VBMS access. They may be able to see a whole lot more detail electronically than was provided on the claims file disc.

[broncovet]

Agree.  If the Attorney does not have VBMS access, then that is a huge disadvantage.  Find one that does.  

[Buck52]

Great advise Vync and broncovet..I may law dog up!!! hopefully with one that does have access to the VBMS

But who decides the correct date? AND HOW?out of 3 different dates, i'm sure the decision maker is not there now   back then he was maybe 55/60?  It all was decided by a DRO With the authority.   not much sure they have that authority now?

if an attorney takes this  will he stand before the BVA Judge and fight?

or do I need to do that?  I will I am not afraid to stand in front of them Judges  they put their pants on the same as me. as long as I have some paper work to prove them wrong I'll fight them over this.

I hope this can be fixed at the R.O. But I doubt it.   but the R.O. People are the ones that made all these errors  they better not tell me its just a TYPO Error   grrrrr this is when the retro will come in  I need to prove how much retro I got back then  if it was paid the 10% and the 30%?  when it shoulda been based off the IU  BEING PAID AT THE 100% RATE.AND THE CORRECT MONTHS.

I know the correct dates and I have the award letter that has the correct dates ,  but I don't have the letter or  application when I filed for the increase  it absolutely is not in my C-File  it should be around  The first part of April 1999 (I need the application or a letter from va for when I first filed for the increase after I got the 50% that to my knowledge was in 1999?  I was in VA Voc Rehab and they    (counselors)are the ones that had me file for the increase from the 50%  they said I should get a 100% rating or TDIU which they were right.  because they could see even  BOTH my hearing aids were of no help turn up full volume.

I  believe this should have been adjudicated for the increase of the TDIU P&T Which the Award for that was like this   I had a 50% rating already  this was an increase and a botch up C&P Examiner tried to cut me down and take my 50%away  so it prompt a DRO HEARING...TO SAVE MY 50%

ok I beat this examiner at his own game the DRO Took my specialist words over this VA C&P Examiner  ok  they gave me 10% tinnitus and a 30%increase for my hearing loss   which both of them combined to 90%  ok because I could not work because of being damn near totally deaf  the DRO Infrred the TDIU P&T (they should gave me 40% and the 10%for tinnitus  to make me scheduler 100%  but we know how the VA is  grrrr

My award letters they gave me 4 of them  each with different dates   one example of this is what caught my Eye speed reading through my C-FILE

The date on my tinnitus was June 1st 2002...the date the TDIU Award was March 2003...and my DRO HEARING was not until May 7th 2003

The rating specialist that did most of the rating sheets I have in my C file was present at my DRO Hearing   and I have letters she sigh back in 1998. 5 years before my DRO Hearing  (how can that be?)  it can't its wrong.......and there's another rating specialist that sign another award letter  with both of these specialist having the wrong dates on all these rating sheets.grrrrrrr

When in all fairness these both were awarded at my DRO Hearing on May 7th at 8:45 am   well that's the time my hearing actually started  it took about an hour   so see how these dated conflict?

I think what they did was pay me 10% for tinnitus and the 30% increase  and not the TDIU  AT 100% (I realize they minus the 50% or what they already have paid ,) but just saying   looks like the retro shoulda been almost 3 times that amount or more?

my 50% back in 2003 paid around 700.00 monthly  the 100% was around 2,100.00 or close to that.  I had got a direct deposit for the 50% at first when I first got it they sent me checks but only about 3 or 4 times before I got the Direct deposit  in 2001

 The retro recieved was around 9.975.00  or close to this  my bank don't go back that far  unless I request an archives audit   which is expensive and I really can't afford to do that right now...and on the e benefits history of payments  it only goes back to 2008  for me.

The rest of my awards are all correct. I am 100% now with SMC S & K  THEY DON'T GIVE A RATING FOR SMC  THEY JUST CALL IT SMC AND WHAT LETTER YOUR UNDER.  I  DON'T THINK THE  SMC's  I  GET WOULD FACTOR INTO THIS ISSUE?

Edited January 25, 2020 by Buck52

[GBArmy]

Buck52 Simple answer; maybe not so simple to do. Get a GOOD lawyer. EED are difficult. The layers get a % of what you win, so it is in their best interests to get you the earliest date possible. I don't think it would stand you well to get up in front of a judge and go back and forth with a VA weenie. That's the lawyer's job. Just get a good one who really understands and has experience in appealing EED's. If you are confident they understand the facts, hire them. IMO.