The package sat in the mailbox at Janesville...

[CapnHaddock]

I need a sanity check...  I filed my first VA claim after being out of the service for over 20 years and was awarded 80% from the day I filed.  I then followed up with another claim that moved me to 90%.  In the mean time I appealed the denials from the first claim.  I am now 100% P&T (I am 63).  I have my good days and bad days but I am not going to complain.  This is my issue - I submitted an intent to file on the second claim and submitted it by overnight mail and can prove that it arrived and was ready for pickup on the morning of May 29th of last year.  That is the day my Intent to File expired.  My package sat in the box until it was picked up on the 30th and was then recorded as arriving on the 30th and the intent to file null and void.  I can prove this from the U.S. Post Office documentation.  I should not have waited to the last minute however that is another story.  I want to submit an appeal for the date of receipt.  Am I opening myself up for another set of evaluations and is this type of appeal even considered.  I have poured through the instructions and can nothing about date of receipt.  Does anyone have any experience on this?     

[GBArmy]

CapnHaddock I'm a little confused on the sequence of events. You appealed and got approval to 100% P&T on the first claim right? Before it was approved you submitted an ITF on the second claim? If the claim was less than a year, you don't submit ITF but submit the claim. ITF is on new action, not appeals still open. Not sure what's going on.

[Buck52]

if the date of appeal receipt the date they got the INT Thats the date the VA goes by  when they first get it...if it arrived at the post office the 1 day before the expiration date and the VA picked it up the following day  ...you were 1 day short of the expiration date, you might can fight the expiration date just being one day late  but they will fight you tooth and nail for this INT Retro

This is why ALL veterans need to make sure they have enough time  1 day is to late  so I'd say at lest a week before the expiration date expires

Note*

They do have provisions to use for late exasperation dates...I don't know these provisions?or the guidelines /criteria

just one day expired  and it was at the P.O; you should be able to recover your years INT Back pay.

Edited July 26, 2020 by Buck52 (see edit history)

[CapnHaddock]

GB - I went to 80% on my first claim.  Submitted a second claim that took me to 90%.  I then appealed the first claim.  The intent to file was on the claim that took me to 90%.  When they came back and agreed to my appeal - the VA gave me back pay to the date of the 90% claim award for 100%.  Essentially I did not get the year of backpay going from 90 to 100% based on the date the VA shows for submission of the second claim - by the one day it sat in the mailbox in Janesville.  The question is - am I opening Pandora's box by submitting this appeal or because I am P&T I will not get pushed into more exams.  It is a year of backpay that I am looking at.

I am also wondering if I should submit for worsening problems on awards already received?  (example - Right hip impingement is substantially worse according the doctor).

[GBArmy]

CapnHaddock I agree with Buck; you have to find the EED requirement. Try looking in M-21 manual first. But make no mistake, you will be in for a fight on this one. Going from 70%, or 80% to 100% will be a few back-pay bucks.  It  is what a friend used to say, "is the juice worth the squeeze?" In other words, risk v. reward. If you're P&T, they are supposed to leave it be. If you challenge, they have to look hard at your claim. Shouldn't matter but... So, again, why pursue an increase for your existing claims?  Will your symptoms now result in such an increase that you will be eligible for SMC's? Otherwise, why are you considering submitting a claim for worsening conditions? You don't want to do that IMHO if there is nothing to gain.

[CapnHaddock]

GB and Buck - Thank you - that one comment "is the juice worth the squeeze" is what was bothering me all along.  It is not.  I am fairly well beat up however I do not think it is worth the effort and COVID exposure to go back through exams again if they force the issue.  I needed a sounding board and this helped.  I am going to let sleeping dogs lie.  As for secondary submissions on already granted disabilities - I will just keep them in ready reserve if ever needed or until I cannot physically work anymore.

My experience with the VA (other than my own problem with the ITF and date) has been very positive to date.

[Buck52]

CapnHaddock

You should at least try to get the ITF Back pay , the reason for the ITF To expire is a good reason (waiting at the claims center post office )so it actually was there  they just didn't get it and read it  before the date expired and only one day   they more than likely will  approve your ITF Back pay. ...>go for it.

[CapnHaddock]

Good Morning - I have reviewed the appeals process and it appears that the only way I can go about this is through an appeal to higher authority.  I submitted a letter with documentation as a supplemental to my claim last May addressing the delay at the Post Office.  They did not address the Post Office issue in the award letter which resulted in my moving from 80 to 90%.  However - they had the information.  By submitting the appeal to higher authority am I opening up the entire claim or just the issue of the award date?  In my request to higher authority I am going to only address the award date.  

[GBArmy]

CapnHaddock There is usually more than one way to approach the VA claims process. We way the different options carefully and then, hopefully, we make a decision that is the best for us personally. That is the strength of Hadit; to provide insight so you can make the best choices that will work for you. You have done that. And there is nothing that says you can't revisit the situation latter if things change. Good for you, and good luck going forward.

[Fat]

Why couldn't they determine the EED to be the date the mail was stamped?

[Buck52]

CapnHaddock quoted

'' am I opening up the entire claim or just the issue of the award date?''   you can appeal the entire decision if you so wish?

  if the 10% increase is ok with you  then don't appeal that,but you might check the rating creteria for that claim and make sure its just a 10%increase ? other wise it maybe more..>  just make sure... 

but if they say your EED date is incorrect Appeal that  especially if its your ITF  EED.

I NEVER HEARD OF THEM TO DENY  ON A ''POST MARKED CLAIM ENVELOPE'' ON THE DATE IT WAS DUE ...YOU CAN CHECK YOUR  C-FILE FOR THAT POST MARKED ENVELOPE.  you need this envelope bad that's your evidence for your INT RETRO.  ..NOW IF IT WAS POST MARKED ONE DAY AFTER YOUR CLAIM WAS DUE  THAT GOT CHA.  OR 1 MINUTE AFTER MIDNIGHT.

If your luck is like mine  it won't be in there....for obvious reasons.  but don't hurt to look.

  12 months of retro would be a nice hunk of change.

its nothing new,  to be late one day on an ITF  they are ''honorary  about our EED. and love to deny on just ABOUT ANYTHING THEY CAN .

[pacmanx1]

CapnHaddock and Fat, I would say that VA will fight just about any claim for an EED. Even a claim form 80% to 90% to 100% over a years' time will result in quite a substantial retro payment. In some cases the rater didn't read enough evidence and in some cases the rater ignored the evidence. The veteran must decide to challenge the effective date or let sleeping dogs lie.  The thing would really be for the veteran to decide to fight the rating decision within one year because after a years' time the criteria for filing a CUE Claim is a lot harder to win and will take a lot longer. Some veterans are afraid of losing their benefits (which is not possible if their symptoms remain the same) and VA is very aware of that. VA has tried in the past to reduce veterans ratings when veterans file for increases and or corrected EED but the BVA has reverse those  decisions and stooped those reductions. 

[CapnHaddock]

Buck - I checked and the letter I sent before the claim was completed pointing out their error is available on line in EBENEFITS!  I have all the post office tracking information in that letter and it also shows up in the file VA.GOV.  I have the receipt dates in which it was scanned into the VA system and the tracker they gave it.  It was mailed overnight three days before ITF expired.  They simply ignored it.  I have submitted the appeal - now we have to wait for the outcome.  

[CapnHaddock]

PACMANX1, FAT, and Buck52 - I submitted the appeal.  I will keep all posted on the outcome.  I went the appeal to higher authority route based on the single item - date of award.  I also asked for the informal review.  At that time I will provide the dates and tracking numbers if permitted.  The letter documenting the postal chain and delivery chain is there ( I copied it out of EBenefits last night just to be sure I had a second copy) as it was provided to VA as soon as I say they did not honor the postmark.  Now we wait.

[Buck52]

16 hours ago, CapnHaddock said:

Buck - I checked and the letter I sent before the claim was completed pointing out their error is available on line in EBENEFITS!  I have all the post office tracking information in that letter and it also shows up in the file VA.GOV.  I have the receipt dates in which it was scanned into the VA system and the tracker they gave it.  It was mailed overnight three days before ITF expired.  They simply ignored it.  I have submitted the appeal - now we have to wait for the outcome.  

Roger that

good way to stay one step ahead.

[CapnHaddock]

5 Months later and one very pleasant phone call - I won.  I received a phone call from the VA higher authority (name excluded) early last week who listened to what I had to say and agreed with me.  The date of the post mark was the crucial issue and as of this morning (12 DEC) the case is closed and my effective date has been moved back one year.  It was handled out a Florida office (I am in Virginia).  I made one phone call in late October to get status and received a letter that said wait - you are in the que.  This also permits me to request a refund one year of property taxes.  

Edited December 13, 2020 by CapnHaddock
Spelling (see edit history)

[pacmanx1]

Congratulations! 

[broncovet]

Congratulations!   We hear that a lot.  (People wondering if they should apply or appeal, they do so, then get awarded benefits and are glad they did).  

     When you get your retro payments, Captain,  its a great idea to give back by donating to hadit, or, by answering other Vets questions on hadit.  I do a little of both.  

     Dont forget about your 10,000 free life insurance (for disabled Vets..called "waiver of premiums").  This is whole life insurance and builds cash.  

I could cash my policy in for several thousand dollars, or borrow on it.  You need to apply within a year or 2 of your rating, so dont wait.  

     

[CapnHaddock]

broncovet - I am doing all of that.  My rating date moved from May 2019 to May 2018. I have the insurance.  

The biggest lessons are:  1.  Document every step on paper.  2.  Read the rules and make sure you understand what you are asking for.  3.  Be pleasant and be patient.  You get no where being abrupt and angry to someone who believes they are doing their job.  

Lastly - I won the battle - but not the war.  I will come back up when I see the money.