Student loan discharge

[ShrekTheTank]

I have a question about this and how it works.  So my EED is from last month, but there is a very good chance another claim will be coming back and will set the EED for 100% P&T back to 2015.  So if this happens is there a way to apply again to get that backpay of all those payments?

[brokensoldier244th]

Nope. you get 1 shot at the discharge. 

[ShrekTheTank]

1 minute ago, brokensoldier244th said:

Nope. you get 1 shot at the discharge. 

So i should wait to send it in?  

[brokensoldier244th]

yes. The payments are returned from your lender, not the VA, so you can only do it once, per the Lender/Nelnet, whomever's rules. 

 

[broncovet]

Shrek..

   Go for it.  

   There is no "stand alone" claim for an eed.  Your effective date is determined BY the decision, and the procedure is to appeal any/all disputed effective dates by filing a NOD.  I have appealed several effective date(s) and won them all.  As always, it was a long fight at the BVA and, even the CAVC.  

You have to be willing to "go the distance" if you want your EED.  

    Its my opinion, not supported by all Vets advocates, that you should appeal to the BVA and forego Regional Office reviews (either SCL or HLR).  While its possible the effective date is corrected at the RO level with SCL or HLR, this would likely ALSO be corrected at the BOARD.  So you would not lose anything, by skipping the "mid level" SCL or HLR reviews.  One person on hadit even suggested that "The RO does not do effective date appeals".  Well, that means they are denied and it simply results in delay, as you could have skipped the RO appeals and went straight to the Board without additional delays.  

     Winning EED's is difficult.  YOU need to identify the error and present your arguement to the Board.  Often, the Veteran may have "more than one" eed theory, and I recommend presenting them all.  

      Allow me an example.  

1.    I applied in 2002.  Further, I sent a letter to my VSO that I was "out of work" and could not find a job.  This letter was sent by my VSO to the VARO, and, even tho the VARO did not adjuticate TDIU for 7 years, EVENTUALLY that 2002 letter established the "claim date". (After the VA fighting me for 17 years)   Prior to 2015, Veterans were permitted "informal" claims.  (Now, they have to be on the form prescribed by the Secretary).  Since my doctor had opined I was unable to work since 2002, the VA had no choice but to grant 2002 as my effective date BECAUSE the VA is required to liberally interpret my (pro se) filings, to include this one.  

        The VA did "all kinds" of tricks to avoid paying 17 years of retro.  (I did not get all 17 years at once.  It took multiple, multiple, steps and multiple appeals, as well as enormous persistence).  I had a total of no less than 12 VARO decisions, 5 BVA decisions, and 3 trips to the CAVC.  To complicate matters further, portions of my cfile were shredded, and I had to file a "Special handling request due to document mishandling" in 2008, as well as contacting the VAOIG.  The VA fought me tooth and nail on everything.  I had 3 attorneys..one for each CAVC appeal.  All of my CAVC appeals were remanded and I eventually won, upon remand, at the BVA.  With 3 law firms, I paid a total of 1000 dollars attorney fees.  EAJA paid them all "except" one, where I also hired the lawyer to represent me at the BVA (which was remanded by the CAVC).  The fees paid by eaja were deducted from the fees I pay..because the attorney can not collect from both the Veteran and the EAJA at the CAVC.  So, I paid a sum total of 1000 dollars attorney fees.  Not bad.  

        I read everything I could get my hands on about effective dates. Then I read it again.  I do know its difficult to assist a Veteran with his effective dates because of this reason:

        Almost every time, I eventually won an EED "for a different reason than what I initially thought would work."   Sometimes the lawyer would say, "nah that wont work, we will try THIS, instead".  

         

[blahsaysme2u]

following. very interested in this topic

[Foxhound6]

On 10/1/2020 at 10:10 AM, broncovet said:

One person on hadit even suggested that "The RO does not do effective date appeals".  Well, that means they are denied and it simply results in delay, as you could have skipped the RO appeals and went straight to the Board without additional delays.

@broncovetI see what you did there You're right, we should post it again, and bold.

Going thru mine now and I may end up wishing I went to the BVA to begin with. Time will tell. Keep fighting @shrekthetank1