SERECHING FOR EED.

[Buck52]

OK

A few months ago broncovet and I were THINKING on rather or not to file for a EED on my DEC20/2003 DECISION FOR IU  THAT DECSION WAS BASED ON NEW EVIDENCE i PRESENTED AT THE TIME   AT A DRO INFORMAL HEARING AT MY R.O.  (MAYBE i WAS THINKING ABOUT FILING AND BRONCOVET WAS GOING TO HELP ME.

Since our EED is based on when we first filed the claim  or when a Dr says your unemployable   thats the date they start  your EED (AS i UNDERSTAND IT) OK i FIRST APPLY FOR MY HEARING LOSS DISABILITY ON 4/1 1998 DENIED  APPEAL AND APPLIED FOR iNCREASE  4/22/98

WAS DENIED SC.  SENT IN APPEAL THE FOLOWING MONTH O7  22/98....  THEY SHOW i REOPEN THIS CLAIM IN 12 /22.98 AND AGAIN REOPEN THIS CLAIM  1/23/99.

i WAS APPROVED FOR 50%  AS i SENT IN A REQUEST FOR INCREASE ON 04/22/98

ALL OF THESE DATES I Question because they are all off.  but thats another storey for a different time. as I understand typo errors go in the VA FAVOR. NOT OURS.

This is in my Cfile Dr Glen CARRIGAN AUDOLOGIST.AS SHOWING EVIDENCE THEY USED TO GIVE ME THE 50%

 

SHOULD THEY START MY EED ON 7/20/98  SINCE THEY USED THIS Glen Carrigan AS EVIDENCE IN THE ADJUDICATION OF MY CLAIM?  I finally won TDIU P&T AND TINNITUS  ON MAY 7TH 2003  BACK DATED THE EED TO DEC 10/2002.

THAT IS WHAT THEY PAID ME RETRO FOR  FROM Dec 10th 2002  to May 7th 2003 about 5/6 months

And I think that's wrong  They have two choices...either date the back pay to when I first filed the claim 4/1/98 or when they say I reopen this claim in 1/23/2000...I have all these records in my c-File  its just a big mess to read...and I think that claims agent just didn't want to scope/Rake my C-file over  for some reason or another??

its been almost 20 years since this happen  more since July 1998...so it will be a hard case but it all depends on these dates in question   who is right who is wrong? in this case I would let my records speak for me  as this would change my EED  POSSIBLY A LARGE SUM OF RETRO  IF THE RIGHT PERSON CAN FIND ALL THESE ERRORS COMMITTED BY MY R.O. DRO AND RATING SPECIALIST.

I feel with all this continue  prosecution my claims been under before the adjudication on my claim on MAY 7TH 2003  Back to  DEC 10/2002     THEY SHOULD GO BACK AND DATE MY EED TO AT LEAST 1/23/99  THE DATE THEY SAY I REOPEN THIS CLAIM..

Although they did approve me for 50%  based on an va audiologist reopening my claim around  MARCH/23/ 2000 on AND MADE MY EFFECTIVE DATE FOR THE 50% OR  EED on that is 4/1/2000  so minus what I been paid up to that date on the 50%   still a large sum of retro$$$$

 

I would love to go to my R.O. GET MY C-File out and show a rater all these errors and show him face to face  what All I found in My C-file  and see what he says/??...grrrrr

A Good Decent honest VA Rep or Attorney  or VA Claims Agent should have a fun field day with all these errors in my C-file...I wish I knew then what I know Now...with my hearing loss  its hard for me to tell someone what is what or what what should be  my spouse sue to talk for me but she is totally disabled now  her age has caught up with her and it shows...I try to care for her and work these claims and help other Veterans all I can  sometimes its just way to much to bare.  And I start to think I may as well leave well enough alone.

 

**Please Note**  These dates maybe off  BUT I have these records that would change my EED and possibly some retro and most importantly to me it would give me my 20 year protection. i FIND A RECORDS WITH DATES ON THEM IN MY FAVOR I GO CRAZY.  OR  MAD MOSTLY AT ALL THIS AND THE TIME THAT  HAS FLOWN BY.

SO DON'T RIDICULE ME I KNOW ALL THESE MAYBE MIXED UP ,  BUT THEY CAN BE PUT IN ORDER.AND THAT SHOULD PROVE MY EED.

Thanks to all that responds.

Edited May 7, 2021 by Buck52

[pacmanx1]

47 minutes ago, Buck52 said:

This is in my Cfile Dr Glen CARRIGAN AUDOLOGIST.AS SHOWING EVIDENCE THEY USED TO GIVE ME THE 50%

 

Buck, where did this statement come from?

I know that this is your IMO but is this part of the evidence the VA used to grant you claim?

Do you have the rating decision that actually granted your TDIU P & T?

Buck, I don't think any veteran should be ridiculed if he/she has evidence that the VA ignored or missed.  When I filed my first CUE claim, I had to look through about 3000 pages to find the evidence that the VA said was never there but there is was on page xxxx. I know that the BVA saw this the first time my claim was remanded but they still turned around and denied my claim forcing me to hire a lawyer and file my claim to the CAVC. It happens and I think it happens a lot and the VA bean counters are relying on veterans to either give up or die before the veteran can get his/her claim corrected.

Edited May 7, 2021 by pacmanx1

[Buck52]

It was part of my DRO Decision for the IU P&T,in the reasons and bases, now its called what we decided    anyway He also wrote this 

''With a Senior DRO AND A RATING SPECIALIST PRESENT AT YOUR HEARING  & UP CLOSE, IT'S OBVIOUS THIS VETERANS DISABILITY IS REAL

I  HAD A HARD TIME HEARING THEM  EVEN WITH MICROPHONES ON TURNED UP   MY SPOUSE WAS WITH ME  SO SHE HELPED ME UNDERSTAND WHAT WAS BEING SAID...I READ LIPS MOSTLY  BUT IF SOMEONE TALKING TO ME TURNS AWAY I HAVE NO iDEA WHAT THEY SAID.

I JUST GOT A NEW SET OF HEARING AIDS AND THEY ARE SUPER COOL..

MORE COMFORTABLE THAN MY OLD ONES  AND THEY DO KINDA MASK OUT THE TINNITUS   WHICH I HAVE VERY BAD.

SO I AM HOPING THESE WILL HELP,... SO FOR THERE OK...I can hear better now. Won't get yelled at so much  hopefully...

As for as the above post  I may just  disregard that  because tonight I found the second page of my IU APP it was  the last page in my c-file  I must have just overlooked it'   THE DATES ARE OBVIOUSLY TYPO ERRORS

It's.dated MAY 7TH 2003 the date of my DRO HEARING.   The DRO HAD MY NATIONAL DAV VSO FILE THE IU CLAIM  and they expedited it that day....SO NOT ANY CHANCE FOR EED  SO THAT IS BASICALLY OUT NOW..  its about right what they rated me.

THIS WAS THE ONLY TIME MY DAV VSO HELPED ME OUT AND HE DID A SUPER JOB AT MY DRO HEARING AT MY R.O.

SO I GUESS ITS DIFFERENT FOR THEM IN PERSON RATHER THAN COMMUNICATE BY EMAILS  ECT,,,ECT,,,

Back then I had Flip Helig  and Berta helping  So I knew I'd win....and win I did.

Not sure if you remenber Flip  but he was gooood with claims and goood with SSA claims too,  he never like the DAV THAT'S THE ONLY THING WE GOT INTO IT ABOUT   BUT I ONLY USED HIM  AT MY DRO HEARING,   WE WERE YOUNGER AND DUMBER BACK THEN. AND I WAS TOLD BY THE DRO I REALLY NEEDED HIM TO COME IN THE DRO SESSION AND HELP ME  SO I HIRED HIM AT MY R.O. THAT MORNING OF THE DRO HEARING  WE COVERED MY CLAIM CASE IN ABOUT AN HOUR BEFORE THE HEARING   AND THIS DAV VSO went to bat for me he did a super job.

But for some reason or another I never have used them on the rest of my claims  I worked them by myself  and of course help here at Hadit.

[Buck52]

I understand what you mean pacamnx1  but after finding that second page of the IU Application  I don't think I'd have any chance at a EED.

i HAVE SOME DATES WHERE ON THE RATING SHEETS THAT HAS MY EED ON MY 50% THAT WAS APPROVED IN 2000  THEY HAVE THE eed on that going back to 1998   now if they had my IU AWARD GOING BACK TO 1998  MAYBE i WOULD HAVE A GOOD AGURMENT.

BUT i WAS TOLD THAT THAT COULD BE A TYPO ERROR AND THEY WOULD SIMPLY CORRECT THAT...SO TYPO ERRORS GO TOWARD THE VA Favor.

 

I  am actually done worrying about am EED after last night   finding that IU App  page I needed..was everything  and the date is most likely correct.

I need to get back on my spouse A&A Claim and  wait see what they say.

Thanks for all your help and your research and your patience , I truly appreciate it.