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Question on EED?

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Buck52

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  • HadIt.com Elder

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 Buck52
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You posted:

D

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Does the VA let us NOD  a claim that has not yet been service connected?  for an EED Claim?

No.  The VA does things in a specific order:  1.  Determine if its SC or not.  2.  Determine disability percentage and 3.  Determine effective date.  

However,  remember with tdiu is a "claim for increase" which allows for an earlier effective date of up to one year:

Quote
3)
The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.
(4)

Source:  https://www.law.cornell.edu/uscode/text/38/5110

You also asked:

Quote

does the veteran need to have service connection established to go after a EED? 

Yes.  The effective date is not relevant to nsc issues (exception:  Pension.  Pension has effective dates, too).  

Remember, Rice vs Shinseki:  There is no such thing as a "stand alone" tdiu claim..its also a claim for all your sc conditions!! So, if you applied for tdiu, then you applied for an increase in all conditions..including your hearing loss 0 percent rating.  

 

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  • HadIt.com Elder

CORREECT

So, if you applied for tdiu, then you applied for an increase in all conditions..including your hearing loss 0 percent rating.  

What if the TDIU was never applied for but ask for and a vso filed the TDIU FORM?

CAN IT GO BACK TO WHEN HE FRST FILED THE CLAIM 1998  OR DOES HE NEED TO WAIT FOR THE SERVICE CONNECTION TO HAVE BEEN ESTABLISHED A YEAR OR TWO YEARS LATER? 2000

iF YES THEN WHEN HE FIRST FILED FOR INCREASE IS OUT THE WINDOW AND CAN ONLY FILE THE EED BACK TO WHEN HE WAS FIRST SERVICE CONNECTED?  CORRECT?

 

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You asked:

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What if the TDIU was never applied for but ask for and a vso filed the TDIU FORM?

The VSO has your Power of Attorney, this means he can file stuff on behalf of you.  It does not matter if you apply or your VSO, this still establishes your effective date, because you have given him the power to sign for you.  

   The "date of claim" is the date you (or your VSO) first filed.  Remember your effective date is "not necessarily" your date of claim, but the later of the facts found or the date of claim.  

TDIU can be filed informally..the VA is required to consider it, whenever you apply for benefits and tell the VA you are unable to work.  Your "date of claim" is not necessarily the date you filed the official form, but the date you HAVE DOCUMENTED that you told the va you were not working.  See:  INFORMAL CLAIMS for increase.  

26 minutes ago, Buck52 said:

CAN IT GO BACK TO WHEN HE FRST FILED THE CLAIM 1998 

Yes, it can go back to the date he "first filed" provided that the facts support it.  (The "facts found").  

Buck...I have the very same thing..they granted hearing loss for me at zero percent...and I just won an effective date back to when I was rated 0 percent...but I had to fight them for it tooth and nail..for years.  

 

You may have to fight them TWICE.  You may have to fight them for the effective date of service connection AND you may have to fight them for the effective date of tdiu.  

Edited by broncovet
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Thanks broncovet

I am seeking an experienced Attorney at this time ,i feel if we get all these facts and dates straight  they beat me out of about 30.000 retro and thats minus what they have already paid me.

  the retro should have been paid from when I won the TDIU P&T AND THE TINNITUS at the DRO Hearing at my R.O. ON May 7th 2003 DATED BACK TO WHEN I    first filed the claim in 4 /9/1998...WAS SERVICE CONNECTED IN 1999, THEN NOD & ASK FOR INCREASE AND DENIED ASK FOR INCREASE THE SAME YEAR 1999 AND SERVICE CONNECTION WAS ESTABLISHED AT 0% WITH NO RATING, THEN IN 2000 AN AUDIOLOGIST OBVIOUSLY REOPEN THIS CLAIM DUE TO MY PROFOUND HEARING LOSS  Apparently he read my medical records and this prompt a C&P I WENT TO IT BUT DIDN'T KNOW IT WAS FOR THE C&P.

  OK THIS IS WHEN THEY GAVE ME 50% FOR MY HEARING, THIS IS WITHIN A YEAR OF THE SERVICE CONNECTION BEING ESTABLISHED, I FEEL THE 50% SHOULD HAVE BEEN RATED WHEN THEY GAVE ME The 0%.??

BUT THEY HAVE THESE DATES ALL SCREWED UP  THE RATING SPECIALIST HAS MY 50% RATING GOING BACK TO 1998 the DRO has a few wrong dates on my award letter  like I won at my DRO hEARING IN mAY 7TH 2003   THAT DATE ALSO SAYS 2002? i WON THE TDIU AND THE TINNITUS ON THE SAME DATE AS MY DRO HEARING mAY 2003  THEY HAVE MY AWARD DATES AT 3 DIFFERENT DATES   LIKE MY TINNITUS IS DATED FOR Dec 2002   when I actually won it on may 7th 2003.

Again who figures out the correct dates?

My problem is which of these dates is correct? who figures that?

Its going to take a pretty smart attorney to figure this all out.

I really don't have time for years of Appeals on this  it looks to be cut and dry to me if they go by my  records i have in my c-file & memory and recollection and yes the facts found  but at my age they know I don't have that much time to live same for my spouse  so time is at a essances here.

I THINK WHAT IT ALL BOILS DOWN TO IS THE DRO AND THE RATING SPECIALIST FAILED TO READ MY COMPLETE FILE AND JUST PUT THESE FIGURES(DATES) IN AS THEY THOUGHT AND NEVER READ MY COMPLETE FILE.

THAT IS CUE iN MY THINKING   MY C-FILE SHOULD SPEAK FOR ME.

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  • HadIt.com Elder

I WISH I COULD HIRE MS BERTA  I think if anyone could figure this all out it would be her , she don't miss nothing when it comes to a veteran getting FAIRLY ADJUDICATED and what he deserves.

IT'S ALL IN MY C-FILE  THEY JUST FAIL TO READ IT.

AND PUT THEIR NUMBERS IN ON THE DATES  AND WHEN THEY DID THAT  THAT SCREWED ME OUT OF A LOT OF RETRO.

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