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I needed some advice in regards to my current VA battle for an effective date change.
THANK YOU IN ADVANCE
April 2013: (During Service) I was taken to the emergency room for headaches and nausea where CT scans were taken. This occurred during training on active duty.
- ever since then they have only worsened
Feb 12 ,2018: Filed Claim for headaches
May 4,2018: Claim DENIED for headaches
I was unaware of supplemental claims and truly didn't think I had anything to prove the decision was incorrect so years went by.
October 20,2020: Opened claim for headaches again (no new evidence, and didnt know a supplemental was needed) However, somehow I was granted a C&P exam. During the C&P exam with a VES Neurologist, he was able to pin point the incident that occurred in 2013 during Active Duty where I was sent to the ER for headaches. He confirmed it was service connected.
October 21,2020: Claim closed (denied), The VA closed it and told me that I had to submit a Supplemental since I had already been denied for headaches previously (2018). So I submitted a Supplemental Claim, stating that I would like to have the same C&P report that was most recently done to support my claim for service connection. (Again nothing in my file changed in 2018-2020 in regards to headaches, this VES Neurologist (2020) was able to locate the incident that occurred during my service whereas in 2018 it seemed like they just didn't catch that incident.
October 23,2020: Claim for headaches approved 30% (effective 11/1/2020)
Nov 6,2020: VA received my HLR for effective date change.
My decision letter from 2018 states:
"Service connection for headaches is denied since this condition neither occurred in nor was caused by service."
Service connection for headaches.
Service connection for headaches has been established as directly related to military service. (38 CFR 3.303, 38 CFR 3.304) The effective date of this grant is October 20, 2020. Service connection has been established from the day VA received your claim. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA received the claim. (38 CFR 3.400) An evaluation of 30 percent is assigned from October 20, 2020. We have assigned a 30 percent evaluation for your headaches based on: - Characteristic prostrating attacks occurring on an average once a month over last several months
I would really appreciate some guidance on next steps. Please let me know if I forget any useful information. I had 2 items go to the BVA. I had a claim for tenosynovitis of right hand/wrist/forearm which was originally denied connection and the other issue was for scar.
The BVA said my tenosynovitis was service connected so that was taken care of.
The scar was remanded because of a incomplete c&p exam. Pretty sure when I filed NOD I also said I did not agree with the exam because I complained of scar pain and the examiner never mentioned it at all. So my initial rating for scar was 0%.
Like I said I filed NOD after initial 0% assignment. Couple weeks back they gave me another c&p exam like the BVA ordered. This time the examiner actually wrote down that I complained of pain so they rated me at 10%. However they changed my effective date from 2013 to Oct this year because the previous exam didn't mention pain
I'm obviously going to appeal this again but what do I say? What's best way to go about it?
Second part of question is about VA duty to assist. I had no idea there was a rating possible for hernias. Because of the surgery for tenosynovitis which is service connected and where the scar is which is service connected I have a hernia where muscle bulges through and raises the skin. That hernia has always been there. Should the VA have included that? Any examiner can see it clearly when looking at forearm and my last c&p examiner for scar said she would note it. Can I get that connected with a effective date of 2013 which is when the tenosynovitis is and my original 0% scar was?
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
I need some help with my effective date, I applied for Migraine increase on Feb 19, 2019. VA denied it. Recently looked in c-file and the C& P exam results were favorable, it was done at a VA facility by VA doctor neurologist. In the decision letter dated Jun 20, 2019, rater never gave a reason on why the exam results were disregarded. I got an independent medical opinion and filed a supplemental claim on April 10, 2020. Another C&P exam was conducted on june 24, 2020. Va approved the claim and gave an effective date of jun 24, 2020.
I believe that I can claim CUE here as the effective date should have been Feb 19 2019 since the claim was continuously pursued and rater never gave a proper explanation of why VA doctor's opinion was disregarded and if it was rated properly, I would have got 100% on May 16, 2019 when I was rated for cervical strain. and my 100% effective4 date would have been May 16, 2019 instead of Jun 24, 2020.
Do you think I have a case here? Any help is appreciated and I can send you all the decision letters if you need to look at them.
Posting here for the first time! I have been reading this forums for quite some time and gathered ton of information on here and regret using third party services to get my rating pushed upwards but, that is a discussion for another day and probably no point in thinking about it now. Anyways, I would like to get some advise from all the knowledge folks here in terms what my next step should be.
First of all, I am currently rated 100% P&T as of June 10, 2020. I have been rated 90% since 2011 Dec. I was never thinking about 100% until recently when I filed for a neck issue which was rated at 30% and then I got another 10% secondary condition based on the neck condition in june 2019. Earlier in feb 2019, I filed for increase for migraines (rated 10% now) and Trapezius strain condition ( rated at 0% now) and the c& p exam conducted by the VA was what appears to me is favorable and the doctor recommended increase ( ordered and looked in my C-file recently which I got it in 10 months after I filed for it) but, surprisingly VA denied the increase in June 2019 saying that even though the condition has been improved they can not determine it to be a sustained improvement and kept the 10% rating. I got some medical opinions and records and filed for a supplemental claim in April 2020 and tried to preserve the effective date of Feb 2019. The supplemetal claim has been approved now and the rating has gine from 10 to 30% and with that change, I am now 100% P&T.
I strongly beleive after looking at my c-file, VA should have approved my claim for increased rating for Migraines and should have awarded 100% back in June 2019 with an effective date of feb 2019 especially after the positive c&p for feb 2019 increase claim for migraines.
In this case, what do you guys suggest? Higher Level Review or BVA appeal, I am determined to fight this on my own if this has to go to BVA since I believe that I have a strong case especially with positive c& P exam back when I originally claimed the increase.
Also, I am planning to file another new claim "Orthostatic Hypotension" which I saw in my c-file, I visited doctor couple of times while I was in active duty and when I originally claimed after getting out of army, I filed it as hypertension and was denied and I never appealed it but, I want to file it as what the doctor described it as "Orthostatic Hypotension disorder", since I am already @ 100%, do you guys think filing another new claim is asking for trouble? I am nervous about it but, I do experience the diziness frequently and want to file for it. Any suggestions or advise here?
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,