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Is this a legitimate claim? EED


Buck52
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If you filed a claim say in 4/22/1998 (original)

They came back and denied that claim, June 1998 then you sent in NOD May 1998  they came back in 1999 and gave service connection.Around March 1999..

.ok year or so goes by  and you reopen this claim in 2000 and send in new evidence  and they come back and give you a 50% rating   so you go from 0% to a 50% rating in less than a year  (for hearing loss)  ok you apply for Increase in  Dec 2002  and have a botched up C&P and they send you a proposal to reduce you back to 0% but keep service connection.

.you request a DRO Hearing to get this proposed  reduction solved before it becomes a reality....ok at your DRO Hearing  May 7th 2003)you win  no reduction will take place but an increase instead..they give you 10% for tinnitus and a 30%increase on your already established 50%    this gets you to a 90%combined rating and the DRO THROWS in TDIU P&T.

And they pay you from DEC 20TH 2002   TO May 2002  5 months of retro?

Retro is shorted correct?

This should go from the May 7th date   the date of adjudication  back to either when you first filed april 22 1998  or when you first ask for increase 1999? 5 years

 Is this a legitimate claim   if you have the records to prove what you say?

and when should they start your retro?

Thanks Everyone  In Advance.

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1 hour ago, Buck52 said:

This should go from the May 7th date   the date of adjudication  back to either when you first filed april 22 1998  or when you first ask for increase 1999? 5 years

Following. I'm in a similar boat regarding the logic to go back to the date of original claim.

The increase claim Dec 2002 could have an effective date prior to that if your evidence shows you met the criteria for an increase within the preceding 12 months. If the evidence is warranted within the prior 12 months, but they only go back to when you requested an increase, then they probably owe you some retro.

I'm getting a bit lost on some of the details (I blame brain damage after my heart attack). It might be easier to follow if you laid it out chronologically using YYYY-MM-DD dates, like this:

1998-04-22 New claim
1998-05-01 Denial
1998-06-01 NOD

etc...

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WELL THE DRO MENTION THEY CAN'T FIND ANY NEW EVIDENCE FROM Dec 20  2002  and I was adjuicate May 7th 2003 5 1/2 monts of retro is what the paid me..

I am thinking they should have dated the retro in 1999 the year I show to have stopped working and also the year I ask for the Increase after service connection was established at 0%...but since this claim as been null or inactive   They should go by the original filing date for the retro  April 22 1998.

I got my CD C-FILE IN and started reading about my adjudication back in MAY 7TH 2003..AND THESE RECORDS FOR THE RETRO THEY PAID ME IS INCORRECT   TOOK ME 17/18 YEARS TO FIND THIS OUT, BUT IT IS WHAT IT IS.  THEY WILL EITHER DENY ME OR GIVE THE OWED RETRO TO ME??

anyway That's what I am asking them to do  and submit these records I have and the DRO letter when he said they can't find any evidence from Dec 20/2002 Back  the records are in my c-file  he just never bothered to read my complete file.  which they are obligated to do.

Oh well got the 21-4138 half filled out  but I am going to scope my c file with a VSO and see what he says? before I go to the P.O, and get a certified return receipt  and send this sucker to Janesville. 

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