FINDING THE CORRECT EED's?

[Buck52]

I had this in another members post   so instead of hi-jacking his thread I thought I'd post it here   hopefully get some Intelligent and correct Anwsers.

Concerning the EED's and Corrected EED's

Here is my story  from back in April 4th 1998 the year I first filed for my disability.

This EED stuff is confusing,

Here is another question  maybe to help answer Pacmanx1 question?about his EED.

THEY (VA) SAY

''(a) General. Effective date of pension or compensation benefits, if otherwise in order, will be the date of receipt of a claim or the date when entitlement arose, whichever is the later''

ok say the veteran files his claim on April 4th 1998...was denied,

vet files NOD withing a year and was denied again, ok in June 2000 the vet  Dr reopens his claim and is granted 50%..all is good but does this or should this bring his EED to June 2000 or back to April 4th 1998 when he first filed?

He recieved no retro for the 50%.

 Ok lets keep going

After this vet was granted to 50% he got in the Voc-Rehab program and also the ILP Program and was given things to make his life better , and the Voc Rehab councilor could not find anything this veteran could do (JOBS) so he recommended to the veteran to file for increase and ask for the TDIU, due to his S.C. disability .

The Vet filed for increase  Dec 20-2002  and was granted a 10% tinnitus increase which brought his 50% rating up to 60% which back then vet]s had to be rated 60% to qualify for the IU...

Ok the vet got another 30%increase on his S.C.disability  made him combined rating at 90% and was given TDIU P&T  THIS WAS IN 2003...SHOULD THE VETERAN (me) EED go back to when he first filed in 1998?

WHAT IS CONFUSING IF THEY SAY THE EED STARTS THE DATE OF APPLICATION  THEN IS REPEATEDLY DENIED AND VETERAN FINALLY WINS IN MAY 7TH 2003......AND HE FIRST FILED FOR THIS IN 1998...THEN HIS EED SHOULD BE THE DATE HE FIRST FILED   IN 1998.

CORRECT?

This happen to me   when I got the TDIU P&T BACK IN MAY 7th 2003   MY RETRO WAS  LIKE THIS  they went back to Dec 20 th 2002 the date of my IMO/IME from a specialist  and I was awarded retro BACK TO DEC 20 2002  TO MAY 7TH 2003  ABOUT 5 MONTHS OF RETRO AT 100% IT WAS ABOUT 9,975.00...

They say my EED IS DEC 20TH 2002...Remember I first filed back on April 4th 1998

MY ARGUMENT IS THEY SHOULD HAVE WENT BACK TO April 4th 1998  the date I first filed. or when entitlement first arose   which ever is later    entitlement first arose would be 1998  in my way of thinking  or when I first seen aDr about my disability.

If they mean when entitlement first arose does that mean their saying when he wins his claim? or when his disability was first noted in his medical records? or when he was first service connected? BECAUSE IF THEY MEAN WHEN HIS DISABILITY FIRST AROSE  THAT WOULD MEAN TO ME WHEN HE FIRST CAME DOWN WITH HIS DISABILITY AND THAT WOULD CERTAINLY GIVE HIM A BETTER EED.

I guess I am not understanding  what they say   ''when veteran first files his claim  or when entitlement first arose or facts found.'' which ever is later..so there giving the veteran the benefit of the doubt  the veteran must other wise prove it.  which one it was  the date he first filed  or the date his disability first arose or the facts found.

facts found would mean to me when a Qualified Dr mention he disability as severe and profound  beings a Dr is not the one that makes the decision bur renders his/her medical opinion on the veterans disability..this to me would mean the date ''facts were found''

Or does it mean when the veteran was first seen about the disabilty in question? 

in my case  that would be April 1998  but a Dr had noted in my medical records about my disability back in 1977...but I never filed until April 1998.  I'd be ok if they went back to the April 4th 1998  the date I first filed.

 Anyone know the answers?

 

[Berta]

As I mentioned in the other post you made on this- we would need to see the decisions, as well as the evidence list.

Cover your C file name , address prior to scanning them.

 

[Buck52]

Ms Berta

Unfortunately I don't have all the decision well I have some with different dates on them which should not be on there..Alex said they just made a typo error on these decision dates  my problem is which ones is the correct dates? Actually my c-file is no help because this is where I found all these wrong dated on award letters and rating sheets.

However Alex says typo errors always goes to the VA.???

.  but I do have the evidence list and they are using a specialist I had used for a IMO. TO WIN THE 10%TINNITUS AND THE 30%INCREASE  FOR A 90%COMBINED RATING AND GIVEN THE TDIU P&T MAY 7TH 2003.

I HAVE OTHER EVIDENCE FROM VA AUDIOLOGIST BACK FROM 1998 THAT TESTED ME AND MENTION MY HEARING LOSS AS SEVERE AT THAT TIME...THE DECISION ON THE DENIAL MENTION MY HEARING WAS NOT BAD ENOUGH FOR A RATING  THERE FOR THEY DENIED ME..

.IT TOOK A DRO HEARING TO GET THIS SETTLED BUT THEY ARE NOT GOING BACK TO WHEN I FIRST FILED, THERE USING THE SPECIALIST MEDICAL OPINION  TO GRANT ME THE 30%INCREASE AND THE 10% FOR THE TINNITUS  AND AWARED THE TDIU P&T ON May 7th 2003    dated it back to the Dec 20th 2002 the date of my IMO with the specialist..its like they don't believe their own Dr.s

Actually Ms Berta you and Flip Huelig  (aka Phillip Rogers)helped me on this Back in 2002/2003  here on Hadit

Flip seem to think they should go back to the April 4th 1998 when I first filed...for all the decisions because I was bad enough for the IU back in 1998...but FLip Kinda got pissed at me because I had DAV -VSO go in with me at my DRO Hearing  he thought the VSO would screw things up  but he actually was very helpful. during my hearing at my R.O.

..I was a green horn back then and didn't know anytihng about these claims other that what I was learning here  on Hadit on the other board at that time.

I NEED TO CHECK WITH AN ATTORNEY OR VA ACCREDITED VA CLAIMS AGENT WITH THE SPECIAL SECURITY CLEARANCE TO USE THE  VBMS  I NEED TO SEE WHAT THEY HAVE.  TO SEE WHAT WOULD BE THE CORRECT DECISIONS DATES?

[broncovet]

Yes, buck, you need to see your VBMS file if you dont have the decisions.  

You posted:

Quote

vet files NOD withing a year and was denied again, ok in June 2000 the vet  Dr reopens his claim and is granted 50%..all is good but does this or should this bring his EED to June 2000 or back to April 4th 1998 when he first filed?

As you posted, above, ALSO, your effective date is the later of "the date entitlement arose" or the claim date.  The date "entitlement arose" means the date your doctor said you were disabled.  We havent read your file, so we dont know when the doc said you were disabled.  There are 2 prongs to effective dates:  

1.  "date of claim"

2.  date entitlement arose or date the doc said you were disabled.  

      You have to consider BOTH.  

      We would have to read your file to see if you are eligbile for an EEd.  Remember, tho, 38 CFR 3.156 B is reopen due to new evidence and that goes at the date you filed to reopen.  If the "new evidence" is SERVICE records, then it goes all the way back.  

      Reread this thoroughly: (especially the bold)

38 CFR 3.156

Quote

 3.156 New evidence.

New evidence is evidence not previously part of the actual record before agency adjudicators.

(a) New and material evidence. For claims to reopen decided prior to the effective date provided in § 19.2(a), the following standards apply. A claimant may reopen a finally adjudicated legacy claim by submitting new and material evidence. New evidence is evidence not previously part of the actual record before agency adjudicators. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

(b) Pending legacy claims not under the modernized review system.New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of § 20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

(Authority: 38 U.S.C. 501)

(c) Service department records.

(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph (c) of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph (c)(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

(Authority: 38 U.S.C. 501(a))

(d) New and relevant evidence. On or after the effective date provided in § 19.2(a), a claimant may file a supplemental claim as prescribed in § 3.2501. If new and relevant evidence, as defined in § 3.2501(a)(1), is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will readjudicate the claim taking into consideration all of the evidence of record.