Jump to content
  • 0

Awarded rating for DDD and Radiculopathy but EED seems off


Foxhound6

Question

So, I had an HLR initiated awhile back. There was a DTA and I was sent to new exam on 3/23. The rating came in today on Ebenefits (I know, ickk, waiting on BBE). EED shows 2018 on my two awards for DDD in lumbar and radiculopathy on left side. Problem is, the HLR decision received explaining the DTA error that gave me the new exam stated that the condition would be presumptive to 2011. I feel like maybe the person rating did not quite see that part of the claim and went with my original intent to file date? I notified my attorney of it, maybe they can see it in system. However, with COVID they have been having a lot of......employee turnover at my attorney firm, so it has been more difficult to reach them timely than normal. Just trying to see if I misread something or not. Below is a link to the timeline I have been keeping of this claim as well as the HLR DTA error decision from Nov 2020. Thanks

 

Link to comment
Share on other sites

Recommended Posts

  • 0

My TDIU claim was put in separately (based on my knee and MH ratings, at least thats my understanding of how my attorney did it which now seems pretty smart if this is indeed going to go back). 
 

My DDD and radiculopathy was just recently adjudicated based on that DTA error found during HLR of that claim, after they denied it twice. So it *should* be just continuation of my 2018 ITF initial filing. 
 

still awaiting the other portion of that one for the neck which is still deferred for now.  

Link to comment
Share on other sites


  • 0
  • Moderator

Once you get the envelope, I suggest going over the effective dates with a fine tooth comb.  You can even start doing homework NOW, if you like.  

As the regulation so states, the general rule for effective dates is the later of facts found, or date applied.  

So, your homework is to look in your file and write down:

1.  The date you applied for each of your disabilities claimed, including tdiu.  

2.  Now, read the c and p exam.  When does the doc say you were disabled?  

      Next is to read the effective date regulations and see if "any" of the exceptions may apply to you.   Here are a few  which "may" help you:

Quote

(h)

Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year.
Quote

(i)

Whenever any disallowed claim is readjudicated and thereafter allowed on the basis of new and relevant evidence resulting from the correction of the military records of the proper service department under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of readjudication of such disallowed claim. 

 

  • Thanks 1
Link to comment
Share on other sites

  • 0

@broncovetI will for sure do that. I believe since these were being reviewed under HLR that once the normal process of the claim is completed (sent back for new exams, processing, etc), it will go back up to the HLR for the rest of it. So it may be a bit before I actually figure out whats going on but I feel like it is headed that direction. I will look more into the presumptive rules and anything else that may apply. The exams I will have to request from my attorney since requesting another copy of Cfile would likely take a year or more. Thanks for all the replies and info.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By Ademily87
      I submitted a claim back in March of this year. Was denied after a less than favorable C&P. None of the issues during my service that I discussed with the examiner were in the DBQ. He basically blamed everything on personal life before the military, even though there are and were no issues before my time in service. I received this letter in September and somehow it sat on my desk until this weekend unopened. I redacted personal information and am attaching it to this post. Can anybody make sense of this for me? The examiner did state during my examination that he saw no evidence of a personality disorder in my records, even though I submitted a photo copy of the diagnosis straight from my service record. During the HLR conference call I informed the representative of the many things left out of the DBQ, and the fact that he (the examiner) said there was no evidence in my records of the disorder. 
       
      Does this look like good news? Bad news? No news? I'm glad I opened the letter so late. Saved me a month or so of stressing over all of this.  



    • By fbbdab
      Does anyone have any idea how long DFAS Audit take when you see compensation issue on the website or are there any other indicators to look for that tells what is going on with the HLR? This was a HLR for an EED based on CUE. The claim states a new decision has been made but in typical VA fashion I cannot get any information yet! Looking for some insight! 
    • By McRay
      I was granted SC from a claim I filed in 2015. I currently have an appeal at the BVA for an increased rating and an earlier effective date. My question is if I win my appeal and am granted an EED of 1978 and increased % that would give me either 100% schedular or 70% and TDIU how would that work? It seems that some SMR's were not considered in my original denial in 1978 and were instrumental in overturning the denial in 2016 . The appeal legal brief is requesting a total rating of 100% or 70% and TDIU as of September 2015 and EED of 1978. Would the 1978 EED be computed at my current rate or would it be the increased rate?
    • By lawbro
      Hi all,
      Hoping some people can assist me in next steps. I've recently WON my High Level Review to get the VA to say my Inguinal Hernia IS service connected, but it was rated at 0%. Looking online it says that 
      "Hernias that have not been or cannot be repaired are rated at 10 percent disabling.  Importantly, a 0 percent disability rating is given for repaired and healed hernias; however, if there are lasting symptoms caused by the hernia (e.g., decreased organ function or muscle damage) they are rated separately."
      Since my hernia is still not repaired, shouldn't it be at 10% and not 0? 
      Questions/Comments/Concerns please let me know.

      inguinal hernia
      0% Service Connected   09/28/2020
    • By blahsaysme2u
      so...............
       
      I WON MY CLAIM! 
       
      sorry i had to get that out one more time. i am now 100% p&t. but my eed is december 2019 instead of the original claim date. i am trying to figure out what i need to do. should i file cue? should i just file a supplemental and ask for correction without cue? should i do something i am not even thinking of that you guys know better? 
       
      reason i think cue is because in my letter, the judge specially says my original claim was 2013 and dx was 2008. it seems the vro clearly ignored this. also, they didnt even use the latest appeal date. i reopened the original 2008 claim back in 2013, but was denied and appealed multiple times and the last appeal was in 2019. Ill have to go through my c-file to get exact dates but this seems a big miss to me but maybe they are getting me on loop hole here because I didn’t reopen the original claim from 2008 until 2013, after the appeal window had closed.
       
      Any help or advice of course. Thanks guys for everything. I couldn’t have gotten here without your wisdom and encouragement!
       
      **EDIT TO INCLUDE PREVIOUS DENIALS FOR CONVENIENCE**
       
      here is the original denial:

       
      here is the the reopened claim denial:

      Denial for HLR:

      Denial for first CUE:

       
      Law Jude Decision.pdf decision-letter_osa_4-20-21.pdf
  • Ads

  • Our picks

    • 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 
      • 20 replies
    • 5,10, 20 Rule
      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)
        • Thanks
        • Like
      • 58 replies
    • Post in New BVA Grants
      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.  
        • Like
    • 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!
        • Like
      • 18 replies
    • 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,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    406%
    $6,103.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines