EED Question

[AllTheWay]

Hello everyone.

I am helping a friend and vet that lives in Alabama. In 2012 he filed a claim for a back condition. He was in a car accident while in service and his medical evidence did show that he had a spine injury. The VA denied his claim and his 2012 decision letter stated that there wasn't a link connected while in service even though he had everything showing for his back. He did not appeal that decision in 2012. He just recently submitted a claim for his back condition. This time he was granted service connection and was awarded 20% for lumbar with an effective date of 13 Jan 2020. even though that he did not appeal the 2012 claim, reopened his back claim in 2020 and was awarded should he do a supplemental claim for an earlier effective date?

[pacmanx1]

VA is famous for denying claims and then years later granting the same claim.  Depending on the evidence use in both claims, it sounds like your friend may have a good chance of getting their EED.  Make sure the evidence would be strong enough to warrant a rating.  A copy of the police report or a newspaper article could help as evidence.  Keep in mind that if his supplemental claim is denied, he has 1 year to file a NOD.

[ShrekTheTank]

I agree with pacmanx1.  Make sure they file an appeal on the EED for back when he originally claimed for this and show how it should have been granted back then.  I would tell him to fight this all the way through as it will not be easy.  Just keep fighting!  Remember the VA wins when a Vet backs off the gas peddle!

[AllTheWay]

Great. Thanks for the advice. Now what is the best avenue of approach. My opinion to him was to file a supplemental claim for an early effective date. They did not ad his sciatica which he has as well as a secondary. I told him to add that as well. Was that the right thing to tell him?

[broncovet]

You got great advice.  Dont file a nod on a 2013 claim, it will be denied.  Of course its difficult to help a third party.  My advice is you suggest he sign up on hadit, and post his question.  

I have studied and won my effective date claims and learned a thing or two in the mean time.  But..this Vet needs to come in and tell us first hand why he thinks he should get an eed.  Its too hard to go through a third party.  Signing up for hadit is free.  

[AllTheWay]

Thanks Bronco. I tried to encourage this friend/vet to read hadit but not to bad mouth but he is a very dependent person. Always wanting people to do his work for him. Its so bad that he don't even cook or wash clothes himself. 

[pacmanx1]

17 minutes ago, broncovet said:

Dont file a nod on a 2013 claim,

The NOD would not be on the 2012/2013 denial it would be on the 2020 grant.

4 minutes ago, AllTheWay said:

Thanks Bronco. I tried to encourage this friend/vet to read hadit but not to bad mouth but he is a very dependent person. Always wanting people to do his work for him. Its so bad that he don't even cook or wash clothes himself. 

Not to be insensitive but you will have to learn that you can lead a horse to water but you can't force it to drink. I helped a veteran get 100% PTSD but the veteran refused to file for Social Security Disability Insurance. It was nothing else I could do or say to them about getting their benefits now compared to waiting for their retirement.