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EED Question


AllTheWay
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Question

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?

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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.

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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!

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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?

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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.  

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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. 

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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.

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1 hour ago, pacmanx1 said:

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

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.

Gotcha. Thanks.  I do agree about the horse. I got him this far, time for him to do the rest.

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We cant make people take good advice.  If we could, there probably would be zero people on drugs.  

In a similar manner, we cant force people to do the things necessary to maximize their benefits.  

I try to offer good advice, but if they chose not to take it, well, then its on them.  

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There are a lot of things that can go wrong with this VA benefits process. Reaching out to help veterans is a time consuming and often challenging task, and to help a brother or sister get benefits they deserve is a great feeling. However, I find the most disappointing thing isn't having the VA making an obvious mistake and denying a claim. To me, it is the frustration of providing the guidance and all the info necessary for a veteran to be able to succeed and they don't do anything. Happens way to often in my experience.

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He might even have a basis for CUE in the past denial. But we would have to see the redacted denial decision to determine that.

We have all met vets who want someone to hold their hand.My neighbor  up the hill ,is a good example-

VA lowballed him at 10% for an inservice back injury- about 22 years ago.He had been telling me I would never get an award letter because I am a civilian. Like my former so called vet rep- he had no idea of the survivors regulations, and couldn't wait to show me his award, telling me that my claim was already 2 years old and his award came fast- because I was not a veteran, so that appeared to show him to be right about my claim.

My claims , at that time, which I won , was FTCA SF 95 charges for wrongful death, 1151 for wrongful death and accrued SC for PTSD ,to be determined at a higher than 30% rating.I became the claimant  as the veterans' surviving spouse and won that too at 100% P & T for SC PTSD, with a very favorable EED.Those claims took almost 3 years, I could hardly expect those issues to be awarded in mere months.

All of above too a lot of work and a lot of evidence.Luckily when I settled under FTCA, that check went directly to my bank. 

Negativity inspires me to Succeed!. Our rural mailman told him I got a check from the VA one day and that is how he found out I won. It was the accrued 100% PTSD award retro .It would have been  a waste of my time trying to tell him that civilians, as widows/widowers of veterans are just as eligible as veterans, to apply for and receive VA benefits, if their evidence awards DIC, and/or accrued.

I told him when he was bragging about the fast service he got in mere months from VA, that due to his 20 years Mil retirement, the VA would send the 10% and deduct that amount from his retirement. Apparently the vet rep he had, never mentioned that to him. He didnt believe me until his Mil retirement check came with the 10% deduction.

For about the past 20 years he wanted  to re- open the low balled 10% and gripes to me about it , a few times every year, but does NOTHING about it and told another vet I  would not help him.

I asked him many times for his SSDI award because he said it is solely for the SC back injury, but he has never produced it. I set him up twice with 2 local vet reps but he 'forgot' to go see them.It is easier for him to gripe about the 10% than do anything positive about it.

Widows are often the most difficult claimants of all. And I have had to deal with at least 3 or 4 wannabee widows over the years.Well -I griped enough here today myself.

Sorry- I am still ticked off by something here I caught this AM. The vet has apologized (I think)***but I have nothing else to offer to him.His posts are full of excuses not to do this or that.*** I didnt read the long,long  rhetoric that came with the apology-he got the advice he needed. We can't do any more than that.

 

 

 

 

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2 hours ago, Berta said:

He might even have a basis for CUE in the past denial. But we would have to see the redacted denial decision to determine that.

I agree.  Yes Ms Berta you are correct.  This is how I won one of my decisions by filing a CUE and a NOD simultaneously.  The CUE was for a final decision and the NOD was for a reopen claim.  When I read that the veteran prefers others to do his work, there was no need for me to mention it. I never charge veterans, I just want them to get their benefits but it does irritate me when some veterans feel that you owe them because you found a way to beat VA and you can do the same for them. If the evidence is not there it is not there or if the evidence is there and you refuse to act on it, it is your problem not mine or if the evidence is there and you are too lazy to fight for your own benefits, why should I. Since I gave up drinking many years ago, they (veterans I have helped) don't offer me a soda drink, or don't offer to buy me dinner, they just come back with they have won their claim and have a new question they want me to explain to them. With my brain on drugs and my body in chronic pain, if I can figure it out so can they.

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Berta I believe I know which one; my post just before yours says I agree with you. You're cool; no apogees needed from you. You help a lot of people here and we know it. Thanks.

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I was ticked off,  but went back and gave him advice on another way he could potentially file the claim, and someone else gave him some more encouragement.I think he is on the right track now-

He can win this claim with a strong IMO/IME., that rules out any other etiology but for his service.

VA also has to prove, with" clear and convincing" proof,that he even had a pre existing condition..because sometimes their denials based on 'pre existing ' are absolute BS.

But even if VA does prove that it was pre existing, he could file for "aggravation" of a pre existing condition, and that would hopefully garner an award.

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It would be extremely difficult for the VA to establish an initial baseline for the aggravation. So, he would get the disability anyway, I should think.

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On 4/23/2020 at 11:49 AM, pacmanx1 said:

I agree.  Yes Ms Berta you are correct.  This is how I won one of my decisions by filing a CUE and a NOD simultaneously.  The CUE was for a final decision and the NOD was for a reopen claim.  When I read that the veteran prefers others to do his work, there was no need for me to mention it. I never charge veterans, I just want them to get their benefits but it does irritate me when some veterans feel that you owe them because you found a way to beat VA and you can do the same for them. If the evidence is not there it is not there or if the evidence is there and you refuse to act on it, it is your problem not mine or if the evidence is there and you are too lazy to fight for your own benefits, why should I. Since I gave up drinking many years ago, they (veterans I have helped) don't offer me a soda drink, or don't offer to buy me dinner, they just come back with they have won their claim and have a new question they want me to explain to them. With my brain on drugs and my body in chronic pain, if I can figure it out so can they.

 

You are so right. I have helped many vets to reach their goal of a hundred percent. They did not even offer me a glass of water. I do not charge or even ask for money. Just want to help. Look at me, still stuck at 90. I feel like Lamont on Fred Sanford. "You Big Dummy". Its ok, good things will happen for me.

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