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Question on EED?
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Question
Buck52
We all know theres no time limit for filing CUE.
ok what if a VETERAN is denied on his very first claim denied service connection and rating he gets nothing...
Ok Veteran sends in a NOD within a year and has more evidence this time they service connect him but at 0% service connection established but no rating,
Again NOD &Veteran ask for increase and is denied lack of evidence ect,,,ect,, the Veteran gets new and material evidence or relevant evidence (IMO)iME) and sends in a NOD..OK Veteran is awarded 50%....here is the kicker question.
within a year about 4 months into the service connection at 0% after veteran sends in NOD ask for increase on the 0% and they award him a 50% rating why didn't he get that rating back 4/5/6months ago if he was awarded the 0% 4 /5/6months later he should have been awarded the 50% when he got the service connection established.
Also Who decides what the correct dates will be when there are 3 or 4 wrong dates mention in his C-FILE? on NOD FORMS AND AWARD LETTERS?
Does the VA let us NOD a claim that has not yet been service connected? for an EED Claim? AND CUE THE WRONG DATES? OR IF THE DATES ARE MIXED UP AND HAS DIFFERENT DATES ON ALL HIS AWARD LETTERS ECT,,,ECT,, WHO DECIDES WHAT THE CORRECT DATES ARE IF THE VETERAN CAN'T PRODUCE THESE CORRECT DATES JUST HIS MEMORY? OR RECOLLECTION?
Does the veteran need to have service connection established to go after a EED? AFTER HE IS RATED AT A HIGHER RATING SAY EITHER THE 50% AND HAS ASK FOR INCREASE OVER THE YEARS AND WAS GIVEN A 90%COMBINED RATING AND BECAUSE THE VETERAN COULD NO LONGER WORK DUE TO HIS SERVICE CONNECTED DISABILITY GETS THE TDIU P&T .
.BUT BACK TO THE EED CAN HE FILE AN EED CLAIM IF HE FINDS THEY LOW BALLED HIM ON HIS RATINGS AND HIS RETRO? IF HE CAN' PRODUCE ALL THE DATES IN QUESTION?
THIS STARTED FROM 4/9/1998 ADJUDICATED On 5/7th 2003 VETERAN ASK FOR FIRST INCREASE AFTER THE 50% RATING IN 1999... CAN HE GO BACK TO 1998 FOR EED? or does he have to go back to when he ask for the increase in 1999?
Thanks In Advance
Buck
Edited by Buck52Link to comment
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