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?     

[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.