Question on EED?

[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 February 7, 2020 by Buck52

[Buck52]

4 hours ago, Miken2c74 said:

man that was a lot of info

Yes it is Miken2c74...some times it takes a lot of ''correct'' information to win these EED's

[Buck52]

I been studying this for over 5 years,

what made me look into this  is when I filed a PTSD Claim about 5 1/2 years ago and won 70% I had requested my c-file but didn't get it in intime while I was working my PTSD Claim.

I got my C-file in after I won my PTSD Claim MY C-FILE IS ON CD AND I DOWNLOAD IT INTO MY COMPUTER  USING THE ACROBAT PRO READER  =TO READ  AND PICK OUT RECORDS A LOT EASIER THAN TONS OF PAPER, I HAVE THE C-FILE CD PUT UP IN A SAFE LOCATION FOR FUTURE USE.

lUCKY ALL THESE PAGES IN MY CD =C-FILE ARE NUMBERED AND I CAN WRITE THESE NUMBERS DOWN WHEN I FINDS RECORDS OF IMPORTANCE OR THAT PERTAIN TO WHAT I DO NEED.

so I started to look into my C-File and read it  and when I did I find all this out and did a little figuring and see how they beat me out of this retro back in 2003  to 1999  thats 4 years of retro if they go back to the 1999 date  the date I supposably ask for increase  but I first filed my claim back in april 1998..

Anyway I think they messed up  not sure all this could be a CUE or not but it would change my EED AND GIVE ME SOME RETRO IF IT WAS PROPERLY ADJUDICATED &CORRECT DATES USED.

[Miken2c74]

Tracking and enjoy reading it

[Vync]

On 2/7/2020 at 6:34 AM, Buck52 said:

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.

You could request they perform an audit of your records and payments, but I would not trust the VA to figure out that birds nest. If you attack it by yourself, do it systematically. Focus on key documents and dates that are provable by showing what the VA did vs. what should have been done.

Also, keep in mind that up into a few years ago, everything was on paper. Trust the dates on the documents, not the dates the VA assigned to the PDF. Was this one giant PDF or was it broken out into individually dated files? Were/was they placed into folders per document type?

[Berta]

Buck I was sick with the FLU and missed this- am still recovering --but I need to read it all over better-

however you said:

"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."

If the medical evidence at time of the decision (s) for "0" was established at a ratable level, then that would be a valid CUE.

I  thought you mentioned recently that you had an accredited agent representing you- they would need to have all of your decisions and files etc etc, I assume, by now and they would be able to provide answers to many of those questions.

You said:

"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 type of stuff has happened to me in every claim I ever filed with VA over the past 24 years.

Hours before my husband died he asked me to promise to continue helping vets ( I was on Prodigy,Vet Link, and maybe the DAV site then and also a local VAMC volunteer) and if the VA "killed him" ,as he said, to promise to go after them for everything they owed me as his survivor.I do my best to continue to honor his request and the knowledge  have gained has helped many others.The VA almost kiled his best friend too-and I got him his money.But it is still  a lot for me to deal with.

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

Buck , we have to speak for ourselves,by appealing whatever is  erroneous in the C file and, in my case, since 1994 I have had to speak for the dead.for 24 years now ..my husband- the best witness to his claims, dead due to VA health care (FTCA/1151) and AO DMII  (misdiagnosed and awarded) , dead due to AO IHD, misdiagnosed, and awarded, 100% SC PTSD and SMC.

I have an audit request pending and Two CUEs if the audit request is done wrong, and also a accrued claim for 6 years prior to his death due to AO HBP, as I have posted the full NAS report here, on that and a few AO HBP vets have already won their claims.There is pressure on VA to have the HBP become a presumptive.

You do need someone ,(such as any agent or VSO) willing to review all of your records in a personal setting.Some state VSOs might even come to a veterans home- as they still do here, I believe ,  in a very rural environment.

Accredited agents get paid,

unlike VSOs from state, county or vet org, for giving claims their best attention and help- they have that incentive that vet reps do not have because they get paid whether they do a good job or not with a claim. And I cannot be "hired". 

I know how difficult this is for you- but I feel an agent or, as you mentioned before- getting an attorney is your best bet.

 

 

Edited February 20, 2020 by Berta

[Buck52]

Thank you Ms Berta  I hope and pray you get what your late hubby wanted  and knowing you  I bet you get it  keep up the fight Ms Berta.

I remember you and Flip Helig was helping me on this BECAUSE  a VA ENT C&P examiner had wanted to take away my 50% at this time for asking for an increase on my hearing loss  and  he scope my C-file way back to mt entrance in the military 1969   ANYWAY this examiner had lies and lies to get my 50% reduce back to 0%  and also my service connection...so this is what prompt a DRO HEARING BACK IN 2003 May 7th 2003

Yes I contacted a CA Claims Agent here in Texas, not to far from where I live about 35/40 miles or so. he was accredited in 2011 but been working with Veterans and their claims for 30 plus years..I need to call him back and talk with him some more and ask about his experience with EED and CUE Claims

I been reading my New C.D. formatted C-FILE Late at night , and find important documents and copy them, and put this together piece by piece.

Here is what one of the Award letters says

Service Connection for tinnitus is granted with an evaluation of 10%

Effective Date Dec 20 2002

Entitlement for TDIU is granted effective Dec 10 2002

Evaluation of bilateral hearing loss which is currently 50% disabling is increased to 90% effective March 17th 2003.

 

Now I won all of this with the exception of the 50% which I already had   I won the tinnitus and the IU on May 7th 2003  the date I had a DRO Hearing..now the only thing I don;t know is did the DRO  back date these awards  to get me to the 90% and then throw in the IU? 

Because at that time the IU was very hard to get and Veterans needed to have at ;least a 60% rating to be eligible for the 4.16 (b) extra scheduler...I never had the 40%  plus the 50%  needed to get IU back then just the 50%  so if he gave me the tinnitus award back dated it to Dec 10th 2002  that put me up to the 60%..I think that is what they did.

so I could get the IU on May 7th 2003

but my argument is they should have gave me the 50% back when they service connected me at 0%  its only about a 7 or 8 month difference and my hearing loss was just as bad at the 0%  opposed to the 7/8 months later when they gave me the 50%...in 2000

However I found a record that this date on a reason and bases of the award(50%)  this letter has a  facts found sheet that states this

An evaluation of 50% is assigned under diagnostic code 6100 from April 22 ,1998. ......now .I have  NOD ALL THESE DENIALS until I got the 50% in 2000 so how to they come up with this April 22 1998 date?

 As for as when I first filed I believe its the April 4th 1998 date  but there is another records putting that date up to July 28 1998?

here is what they actually mention on this rating sheet

 VA FORM 21-4138 RECEIVED ON 07-28-98  grrrr

Also last night I found a document on record that I filed the increase in 1999 after the 50% 

The only thing is about this whole issue is the DRO seem to cover himself   as he put this in one of the award letters

like he mention this on  record that  Entitlement to IU is granted because you are unable to secure  or follow a substantially gainful occupation as a result of service connected disabilities   and your evaluation  meets the minimum requirement  to establish entitlement to this benefit .

The evidence shows that you last worked in Oct  1999

Entitlement to the benefit sought is established   from Dec 10th 2002 the date your  evaluation meets the criteria for eligibility  to this benefit since you last worked prior to that date .

Now I did not recieve SSDI   But the SSA Records shows I last worked prior to 1998...I believe I last work around 1996 or 7...I have these records to prove it.  as for as paying in income tax  ect,,,ect,,,

Now I did do odd jobs to get by  that didn't require my hearing   like mow yards  ect,,ect,,  pick up aluminum cans  & sold them  ect,,,ect,,  anything to get food  and put on my table.

but these dates are reflected differently through out my C-file   

ALEX once mention to me that TO leave it alone  these are typo dates and can be corrected...but again my argument is who decides what these correct dates are?  should they use the later dates? and give me a Better EED than just 5 months?  because that's is what they paid me for

from the date I won my DRO HEARING for 90% hearing loss  & 10% for tinnitus  and was given  the TDIU P&T on May 7th 2003   Back to Dec 20 th 2002...Thats only 5 months of retro at the 100% rate minus the 50% that had been paying me from around July 20th 2000.

I am going to talk to this VA Claims agent and show him what all I got and what I think,  and let him read over my entire C FILE and see what he says? 

 this one will be hard to figure out because of all the miss missed dates or incorrect dates on all my awad records and rating sheets  and DENIALS.

I may not get an EED   or this May not be CUE because of this DRO  covered himself,  but he made a big mistake by not reading my complete C-FILE  leaving out important dates.That is obvious. when someone reads my C-FILE  that knows what they are doing they will see this.

I think they should go by the first medical evidence about my Hearing loss as that was in 1998 FROM A VA Audiologist that first tested me and mention to me I have profound hearing loss  and he said I should submit a claim for my hearing loss..so i did.  That date was April 4th 1998

 

Again I was awarded these benefits to include tinnitus and the IU P&T On this date May 7th 2003   Back dated for Retro  to Dec 20th 2002.

I am going to speak to this Claims Agent soon.

 

''

Edited February 20, 2020 by Buck52