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?

[AllTheWay]

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.

[broncovet]

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.  

[GBArmy]

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.

[Berta]

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.

 

 

 

 

Edited April 23, 2020 by Berta
spelling

[pacmanx1]

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.

[GBArmy]

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.