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Question on Veterans Law Judge Grants


Winston
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I have a current appeal with a VLJ and I show some Grants and Denials under the issues tab.  I show a grant for coronary heart disease that I did not appeal.  I have filed for this three times dating back to 2000 when I was medically discharged at a whopping 20%.  I did not file the appeal but my most recent claim was in 2019 for the issue.  The only documents in my file for this condition are from my military service.  I am wondering how far they may go back for retroactive pay and how was it granted when I didn't appeal.  My status page hasn't been updated in weeks as it has stated closed with grants and denials.  Most grants say compensation issue while a couple are of specific issues.

Also, happy to be aboard and thank you for all the information from users and mods.

Edited by Winston
misspelling and added a sentence
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Welcome to hadit.  We are glad to have you.

Your effective date will be the "later" of the date you first applied, or the facts found, which is the date the doc said you were disabled. (with some exceptions)   However, VA often gets the effective date wrong, and we often have to appeal that.  

 

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1 hour ago, broncovet said:

Welcome to hadit.  We are glad to have you.

Your effective date will be the "later" of the date you first applied, or the facts found, which is the date the doc said you were disabled. (with some exceptions)   However, VA often gets the effective date wrong, and we often have to appeal that.  

By the 'later' date, I assume you mean the earliest possible diagnosis and the earliest I submitted with the same information.  I had a weird set of claims and appeals over the years, to say the least.  Right AC separation and lower back injury while in the Army but was not granted upon exiting on medical chapter for r/knee and l/shoulder.  With the help of DAV, claimed right shoulder AC joint pain, lower back pain, and chronic left knee pain upon my first claim in 2000 after getting out.  All three were granted in a 2018 claim with original evidence, nothing new.  However, I was only backdated to the Dec 2018 claim, of course.  The interesting fact with this appeal to the VLJ, I didn't appeal and have no new evidence since 1997.  I just see coronary heart disease granted under issues.  I find it interesting I may be granted an issue that I didn't appeal but have claimed on earlier occasions.  Hoping for the best and we will see how it goes.  My claim shows closed under issues for a while now.  Here is hoping on VA to speed it along...

 

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 " I am wondering how far they may go back for retroactive pay and how was it granted when I didn't appeal. "

Broncovet is correct- they will  probably give you the date of the claim they granted, as the EED.

However, there are ways to try to obtain a better EED- and we could help with that, depending on the wording of the actual decision, when you get it.  ( a CUE or a 38 CFR 3.156 claim)

Are you a Vietnam incountry veteran? Or a Blue Water Navy veteran, whose ship was within the 12 mile limit of coast of Vietnam during the war?

Reason I ask is that you said the CAD had been denied in the past and you submitted no new evidence for the recent claim, as I understand this.

 

 "The interesting fact with this appeal to the VLJ, I didn't appeal and have no new evidence since 1997.  I just see coronary heart disease granted under issues.  I find it interesting I may be granted an issue that I didn't appeal but have claimed on earlier occasions.  "

If you are an AO veteran, and if the VA had denied CAD in the past, you might be able to get a very favorable EED

under the Nehmer Regulations of 2010.

I am guessing here , on Nehmer, but something prompted the VA to make the CAD grant.

If above is so- and they granted due to AO exposure-the VA should also grant you a favorable EED.

If you do have CAD (ischemic heart disease, and fall under the incountry Vietnam, or  Blue Water Navy AO ship regulations,   I can give you email addy for the lawyers who won Nehmer...their help is free and they will review the EED for you.

Many of us here had IHD (CAD) denied in the past, and VA had to pay us favorable retro.

That went for us widows too- they posthumously awarded me retro back to 1988 up to my husband; death,

under the Nehmer Court Order and Stipulation of 2010 -available her under a search.

Maybe I am wrong, but I cannot think of any other reason for the CAD grant

 

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