Earlier Effective Date of Rating

[blahsaysme2u]

ok i found out a few things going through my cfile

first my claim was never reopened until 2018...looks like vfw and dav both xxxxxx me and i just never noticed the claim never opened...it wasnt until 2018 when i got new VSO that claim was reopened and first new denial was sent.

here is the original denial:

 

here is the the reopened claim denial:

Denial for HLR:

Denial for first CUE:

at this point we appealed to VBA and won...they still didnt use the correct EED date, even if they are using the first time i reopened the claim, which should have been june 6, 2018... so either way i need to fight the EED but i really want to try and get 2008 date when i first filed, was dx and was denied based on lack of medical records and poor c&p exam(as was stated in my decision letter that i won this year by the judge, the medical opinion showed no nexus but had no value with the other evidence)

 

along with the addition of service record in my reopened claim showing my exit exam- i think this is doable. i have contacted lawyers and still waiting on replies. i have meeting with vso this friday. Virginia provides free lawyers if they believe there is a case to be made so will see what happens.. will keep you updated. 

if you have any input in light of the denial letters i have posted, please i would love to hear it!

 

[pacmanx1]

First things first, I asked the moderators to separate your post from the other post because it was unfair to both you and the other posters. When you have a separate or a specific question you should start your own thread to get as many eyes on it to get as many responses as whomever choose to reply.

1 hour ago, blahsaysme2u said:

so either way i need to fight the EED but i really want to try and get 2008 date when i first filed, was dx and was denied based on lack of medical records and poor c&p exam(as was stated in my decision letter that i won this year by the judge, the medical opinion showed no nexus but had no value with the other evidence)

Now back to your post, you posted that you won a decision this year, if you won a rating decision within the last 365 days then you have a right to file an appeal to the BVA. The BVA most of the time will grant a veteran service connection and then remand it back to the local VARO for them to set the rating percentage and the effective date. If you disagree with either, you will have to file another appeal to the BVA disagreeing with that new rating decision. (That is why we call it a hamster wheel). Many veterans get caught up in this cycle and have to play the VA game. I won my 1998 effective date, but the local VARO refused to restore my rating percentage, well the BVA made them restore my rating percentage but the local VARO still refused to correctly pay my retro payment back to 1998, so I had to file a new appeal and my claim had to go back to the BVA for them to make a decision that they already made to grant my effective date back to 1998 with my increased rating.  Yes, all of this has been in continued pursuit so it should be a no brainer but here I sit and wait for my retro payment.  In other word, yes you may very well have a CUE claim, but it would be simpler to just file a notice of disagreement. Some would say to do a supplemental, but we are talking about a serious retro payment that it may still have to go to the BVA for them to grant your claim.

[broncovet]

Ok.  Let me straighten this out.  

1.  If you dispute a BVA decision, the procedure is to appeal to the CAVC, and this must be done within 120 days, not a year.  At the CAVC, you need an attorney, and can have one (generally) without cost because the EAJA regurarly pays attorney fees for successfull CAVC claimants.  (Remand or award, you dont pay attorney fees on a denial). 

2.  If you dispute a Regional office implementation of a board decision, you can appeal that RO decision to the Board (again).  

     My advice:   Get an attorney, and appeal the Board decision to the CAVC.  One or more of the NOVA attorneys will be happy to review the board decision to see if you have "an issue of merit".  I would not delay, the 120 days goes by fast and attorneys need time to review the decision, send you a fee agreement, and file an appeal with cavc.  Your attorney can tell you if he thinks your effective date was wrong.  

You may find an attorney here:

https://www.vetadvocates.org/cpages/sustaining-members-directory

 

[pacmanx1]

3 hours ago, blahsaysme2u said:

at this point we appealed to VBA and won...they still didnt use the correct EED date

Bronco, the OP (ORIGINAL POSTER) seems to have posted only local VARO Rating Decisions and a HLR denial, but I think the problem is the local VARO implementing the Boards remand. It appears that his claim will have to go back to the BVA for the BVA to set an effective date because the HLR did not. If I am off, I am sure that someone will correct me.

[broncovet]

Correct, pacman. Perhaps blahsaysme can clarify if this was a bva decision or VARO.  

Now, IF the VARO "failed to implement" the Board decision, as it was stated, then I recommend:

1.  Contact The VARO, and explain, in writing, that the VARO decision failed to implement the board decision and in what way.  

2. Give the varo time to respond.  

3.  Finally, if the VARO continues to defy the board decision then, what I did, is to file a writ of mandamus "to compel the VARO to comply" with the Board decision, explaining in what way the VARO is in non compliance. 

     My VARO was "not good" at reading the board decision, and did not comply with about half of it.  After some pressure (my real threat of filing a writ, they knew I meant it as I had filed a writ before), they finally complied.  

Edited May 4, 2021 by broncovet

[blahsaysme2u]

I'm sorry guys I must posted in wrong spot...I meant to post on my thread here,  where I posted my design letter and letter from bva Judge.

 

[blahsaysme2u]

has anyone had chance to look at my recent posts on my other thread? i updated it with the info from this one too. 

thanks,