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

[broncovet]

Berta,

    One issue Buck seems to have (and he and I have communicated about this in some detail) is that VA underpaid his retro by Thousands.  Is it too late for him to request an audit of his retro 10 plus years ago??

   Also, how does he request an audit of his retro pay?  I recently got mine and it seems short around 2500 dollars, too.  

 

Edited February 20, 2020 by broncovet

[Berta]

It certainly isn't too late- 

I requested an audit from VA because they had withheld too much of my DIC for the FTCA offset.They refused to acknowledge  my request for years.

When I reopened my claim for direct SC death, the RO had to check with VA counsel as to a few things in my 2003 claim regarding my FTCA case and VA Regional COunsel caught their underpayment and called a CUE on them.It involved over ten years of DIC.

I feel a request might have too go on the 21-156 form- dont know.

My recent request for an audit went to the OGC and VA is working on it.

But I also filed 2 CUEs on it as well, using the survivor's accrued form.

One reason I contacted the OGC is because I could prove that this RO had ignored my request that the RC filed CUE on and also that the director stated my husband ( 100% 1151 P & T was 100% but not  Permanent from it when he died.This ridiculous statement came in two phone calls from her and I told the OGC I cant tape calls in NY but that the decision ( I enclosed) bears out what she said.As well as the 6 page autopsy- which certainly revealed no miraculous VA cure of the 6 extensive areas of brain damage the stroke caused.

I also sent  his Student loan P & T waiver, signed by the VA, a letter from a former VA secretary and many other pieces of evidence that proved he as 100% P & T when he died due to the stroke.

almost frgot- when I got the cash and decision on the RC's CUE , they forgot an entire year of DIC. I wrote to them again, cc to the RC and enclosed my calculations, and I pointed out how they missed one entire year of DIC. That check was soon in the mail.

My audit request involves my AO IHD award and the SMC CUE award. None of it adds up right. The 47 page decisions states the amount they sent to me is an "estimate."

That "estimate" word and my past experiences with them makes me believe it is "more than likely"" they screwed up my AO Nehmer award, to my detriment.

They owe me cash.And I also raised the 1151 OGC pres Op#08-97 situation.

Checking those little audits they put into decisions sometimes, is a pain in the butt- you need the proper anual comp charts, and then need to make sure you deduct what you have already received, and check whether they paid for dependents correctly.

 

 

 

 

 

 

Edited February 20, 2020 by Berta

[Buck52]

Roget that Ms Berta

bronco  make sure they 2500 didn't go to attorney fees?

Did they infer you the SMC S H.B.? AFTER THE IU Award?

that is about 375.00 or so - extra monthly plus dependents...so that would be another huck of change for ya?

As for as my EED I will consult with this Claims Agent and see wha the thinks?  if he thinks I should have got a lot more retro than what they paid me   and get a later EED  then Yes I will hire him..if not I will just leave this alone..I am happy with what I do get now, after filing for other claims   I am getting the 100% and SMC S  & K   so it's not like I am homeless or anything like that..I just want to know if they  did beat me out of some retro that was own to me  because of the EED. and error committed by the DRO AND RATING SPECIALIST  BY NOT READING MY COMPLETE FILES BEFORE THEY MADE THEIR JUDGMENT ON ALL THESE DATES  BEGINNING WHEN I FIRST FILED.