effective date Tinnitus

[Michael420]

On 09/25/2013 I submitted a claim for tinnitus. Received a  VA letter dated 06/09/2014 informed me that the VA could not find my complete service treatment records could not be located and therefore unavailable for review. all efforts to obtain Has been exhausted based on these facts the VA determined that further attempts to obtain these records would be unsuccessful if these records are received at a later date the decision will be reconsidered. if a different decision results,  that decision will be effective the date of this pending claim. (09/25/2013) Well I was denied for tinnitus. So on 06/29/2016 I submitted a new claim  For tinnitus Evidence on record Shows they used my service treatment records. Subsequently I was Granted service connection at 10% effective  date May 11, 2016.  So by them saying that the effective date of this pending claim on September 25, 2013 should they go back to 2013 for my backpay instead of May 11, 2016.  Am I reading this right is that correct all answers will be helpful thank you very much

Edited October 17, 2020 by Michael420

[brokensoldier244th]

You can apply for it, but every EED decision is a rating action and so is eyeballed by a rater- I don't work in ratings, so, unfortunately I didn't spend 6mo + just focusing on ratings activity and all that goes into it. It is its own planet, literally. Can't hurt you, but the payoff in stress and waiting may or may not be worth it to you. 

[Buck52]

I WOULD APPEAL FOR A BETTER EED.....YOUR MORE THAN  LIKELY TO GET IT.

 3 OR 4 YEARS AT 10% IS A NICE LITTLE HUNK OF CHANGE.

[GBArmy]

Michael420 I'm not sure either. EED are not as straight forward as you may think. Here's an  option though. If you can't find the appropriate answer in the VA's M21-1 or the CFR 38, ask a few lawyers if they think you have a case for the 2013 date. 10% a month times 3 years is is a nice piece of change. If it has merit, the lawyers will jump on it; if you keep getting turned away then it doesn't sound promising. If you get a law firm that wants it, you can then figure out if you want to go with them or just do it yourself. That would depend upon how confident you are in presenting the facts which should include the M21 and CFR.

[GBArmy]

But in any case, I would go for it. Don't see how it can do any harm.