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EED what’s that even mean

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jfrei

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I don’t understand how in the world they get these dates correct ever on the first shot. Point being made I was made after 4 claims for an increase rated for my headaches at 50% having been 0% for 8 years never having a exam for my headaches to be evaluated in my 3 prior claims just grouped in with my sTBI residuals rated at 100% P and T. But then last year they gave me an exam by itself for my headaches I think because my TBI was finally made P and T in 2016 not dated back to my claim in 2010 when I was only made 90% total with all my other conditions. But had my headaches been rated 50% prior I would have been 100% way prior in 2010. Call me crazy  and I know I am what I am. But it’s only because of 3 years of fighting from 2014-2017 I am 100% P and T SMC S and have now devoted most of my time with my two young children won’t get this time back. Financially struggling like most parents having to pay for preschool in Delaware with my wife working a part time and me disabled gets a bit tight. Having said all this is there an easy way to file an appeal to my headaches that I’ve been to the ER of and on since 2010 while being rated at 0 which magically turned to 50% 8 years later. Filing has become a mystery to me now after just two years it seems methods have changed but the end game still shows no change in if it’s an certain amount of retro it has to go to the BVA anyways. 90% to 100% doesn’t sound like allot but take that times 6-7 years which would be my owed retro. I have plenty of evidence to show the increase should have been granted prior but aware it takes allot out of me and my family when it becomes my new OCD issue to deal with. I’m past the one year mark from the last increase and I don’t think CUE can be filed for a disagreement with EED so is it money I lost? I’m not mad because I’ve spent countless hours raising my kids. Back pay would amount to 100k roughly just from that small increase of 90 to 100 times 6.5 years 

 

just another what if has anyone filed an increase and at the new exam bring on the evidence to establish an Earlier EED trying to use the VA to show they made a mistake with their own doctors 

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Based on what you posted, the obvious answer is to take your file to a NOVA Vets attorney, and ask HIM whether or not you can get an earlier effective date.  It could cost you 20 percent of the retro, but would you rather have 80 percent of something or 100 percent of nothing?  

Yes, you "can" represent yourself, but only if you:

1.  Are organized, and good with search engines.

2.  Are persistent and not willing to give up.  

3.  Are detail oriented, and can read CFR's case law, etc.  

4.  Have the time, and available resources for (probably) necessary IMO's.  

5.  Are healthy enough to "see it through", for as long as 5 years or even more.  

    If you have all 5 of these, then you can likely represent yourself.  For me, I have won much of my benefits with an attorney.  (All of them seeking an EED).  

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Not saying anything you don't know but it is your call.  You have to live with your decision.  As for me, I had one claim I knew was a slam dunk.  VA denied this claim for 20 (twenty) plus years. It went to BVA and at first BVA remanded it then after the remand VARO and BVA denied my claim.  I was so frustrated I decided to get a lawyer and filed my claim to CAVC, Yes you guessed it, My claim was granted back to the original filing date. 

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