Question about EED?

[Buck52]

Question

When  Veteran (me) files a claim for hearing loss on April 4th 1998, is denied in July 1998 reason my private test did not meet the VA guidlines for hearing test. 

I Appeal SEPT 1998 and was denied a percent but service connection was established at 0%  in Nov,  1999

 

Ok now

VA  says I reopens this claim STILL IN  j1999 Sept I think? sends in a HEARING  Test the (va) gave me at the VAMC.. AND LATE 1999  Dec, and I was given a 50% service connection rating and  my payments  started on May 2000.      WHAT WOULD BE MY CORRECT EED? FOR MY 50%  SERVICE CONNECTED HEARING lOSS?

  THIS HAPPEN TO ME  ITS ALL IN MY C-FILE BRONCOVET AND I were trying to figure MY EED  FOR THE 50%

OR I  COULD POSSIBLY REQUEST A HISTORIC EED AUDIT AND SEE IF THE VA CAN FIGURE IT ALL OUT?AND ASK THEM TO FIGURE OUT ALL MY CORRECT EED for my full Hearing loss claim????

IT SEEMS THEY HAVE DATES ALL WRONG   BUT I DON'T WON'T TO LOOK A GIFT HORSE IN THE MOUTH...OR OPEN UP A CAN OF WORMS AS THE OLD SAYING GOES.  THIS WAS OVER 20 YEARS AGO.

I COULD SEND THEM THE COPYS OF THESE RECORDS  AND SEND IN MY EXPLANTION.AS TO WHY I THINK THEY HAVE MY EED WRONG ON THE 50% AND POSSIBLY THE EXTRA 40 %INCREASE 90% AND WAS AWARDED TDIU P&T ON MAY 7TH 2003   WITH THE EED GOING BACK TO DEC 10TH 2002  FOR THE IU./tinnitus

They have both my EED going back to Dec 10th 2002 for hearing loss and tinnitus

I HAD TO STOP WORKING IN 1999   MY NEW IMO from a specialist  WAS DONE DEC 10 2002    THEY SAID THAT WAS THE DATE I MET THE CRITERIA FOR THE INCREASE. DEC 10 2002. FOR THE INCREASE .

Anybody dare to tackel this?

 

Edited June 4, 2021 by Buck52

[brokensoldier244th]

I think it would be the date of claim for the second claim since your first claim and appeal were ultimately adjudicated at 0%. I’m not a rater though. 

[Marine Corp 69/70]

brokensoldier244 Do you think the VA staged his rating from 0% to 50% and then 90% 

 

 

 

 

 

 

 

 

 

[brokensoldier244th]

He has other ratings, not just hearing loss and tinnitus. It’s not as drastic an increase as it looks. As for staging, I don’t know what you are asking. He was rated based on the contentions and the criteria at the time. 

Edited June 4, 2021 by brokensoldier244th

[pacmanx1]

5 hours ago, Buck52 said:

I HAD TO STOP WORKING IN 1999   MY NEW IMO from a specialist  WAS DONE DEC 10 2002    THEY SAID THAT WAS THE DATE I MET THE CRITERIA FOR THE INCREASE. DEC 10 2002. FOR THE INCREASE .

Anybody dare to tackel this?

Buck, Effective Dates are not that simple. We do not have your C-file in front of us where we could review your evidence and effective dates are somewhat complicated. I say somewhat complicated because even if we did have your C-file in front of us, we would have to review your records and try to see if the VA missed something or not.

To start, each rating decision has a legacy page, look through those. The legacy page list all your service-connected disabilities and their effective dates and your non- service-connected claimed issues. Check out the effective dates on these pages. Then try to read through these decisions. If something is missing you can then request a copy of these decisions but not a copy of your C-file. You may very well end up having to request an audit but take it one step at a time.

[Buck52]

Yes I know EED are not simple, what makes my case so crazy is they have different dates to my EED and I don't know which dates are correct? only my recollection and it could be wrong, I never paid that much attention at that time, I was  just happy I got the 50%, but I Appeal  it because I knew my hearing loss was greater than what they had given me at 50%  So I got into  VA Voc-Rehab  program  and due to my hearing loss the counselor dis-missed me due to they could not find me any work I could do or the work I was trained to do  and said it was not feasible at this time to retain this veteran due to his sc. disability.  this was before I got the increase for TDIU  P&T  i WAS JUST 50% rated for the hearing loss at that time...now later on I had filed for other claims and they were decided and rated and that put me into the SMC S H.B. Ratings.

but going through my C-FILE Recently  it looks as though my EED is off on the 50% and possibly the other for increase for the IU...THEY HAVE DIFFERENT DATES for my hearing loss on the 50% and different dates on the increase for the IU  , BUT THE IU APPLICATION WAS NOT FILED UNTIL May 7th 2003 (AT MY DRO  R.O. HEARING)  so I really can't ask them to go back on my IU DATE  OTHER THAN WHAT THEY GAVE ME FOR IT WHICH IS DEC 10th  2002.  << that date would be my 20 year protection on Dec 10th of next year 2022

Get this  I HAVE A RATING SHEET THAT SAYS ALL MY DISABILITYS FOR  MY EED IS April 4th 1998.ALSO ON THE   The legacy page that pacamnx1 mentions   its on those too,..that has to be incorrect but that's what it says on this rating sheet 'legacy pages in my C-file....could I ask them to use this rating sheet for a better EED on all my ratings?

I took my C-file disk to a Certified Accredited  VA Claims Agent just down the road from me,   he said it looks as though typo errors and said the VA would correct them  and I would end up getting nothing.

He would not take this on , but I ask him what dates are the correct EED dates? he said he would have to go through my entire C-file  ''I said well yes I think you would '' (in a friendly manner) I said this is why I brought it to you,  but he turn me down.  and this guy has 15 years as a VA Claims Agent.

So now this is why I am asking here on Hadit,  I may not can get a  LATER EED , BUT IT SURE LOOKS LIKE SOMEONE SCREWED UP WHEN THEY RATED ME FOR THE TDIU P&T  THE DATES ARE ALL WRONG..NOW IF THEY WERE TO GO BACK TO WHEN I FIRST FILED  BACK IN APRIL 1998  THAT WOULD BE FINE WITH ME.

Its just all screwed up in my C-file  so the main problem is who will detremine my EED ON ALL MY RATINGS AND WHICH DATES ARE CORRECT?

i TIHNK THE RATING SPECIALIST SCREWED UP ON ALL THESE DATES AND NEVER WENT BACK TO CORRECT THEM  SO THIS IS WHY i DON'T THINK ITS A TYPO ERROR  BUT THE RATING SPECIALIST THAT WROTE THIS ALL OUT WAS UNSURE AND JUST PUT THESES DATES DOWN AND USED MY APRIL 1998 DATE WHEN I HAD FIRST FILED.??   IDK?

 

Edited June 4, 2021 by Buck52

[Buck52]

HERE ARE SOME FACTS AND REGULATIONS & COURT RULINGS  ON STAGE RATINGS

3.5. Staged Ratings

 

VA has the authority to grant staged ratings, which are "separate ratings . . . for separate periods of time based on facts found."  Fenderson v. West, 12 Vet. App. 119, 126 (1999).  In cases where staged ratings are appropriate, the Secretary must consider all of "the evidence of record from the time of the veteran's application."  Id. at 127.  Staged ratings apply for both initial ratings and claims for increased disability ratings.  Hart v. Mansfield, 21 Vet. App. 505, 209 (2007).  The Board's determination of the appropriate degree of disability under the rating code is a finding of fact subject to the "clearly erroneous" standard of review.  38 U.S.C. § 7261(a)(4); see Smallwood v. Brown, 10 Vet. App. 93, 97 (1997).

 

A claim will not become final if VA has failed to act upon the claim, or has failed to notify the claimant of the denial of his claim or of his right to appeal an adverse decision.  Cook v. Principi, 318 F.3d 1334, 1340 (Fed. Cir. 2002) (en banc).  If a claim is left pending, it can be addressed when a subsequent claim for the same disability is adjudicated by VA, in which case the effective date for any award of benefits will be the effective date applicable to the original claim.  Adams v. Shinseki, 568 F.3d 956 (Fed. Cir. 2009) (same); Williams v. Peake, 521 F.3d 1348 (Fed. Cir. 2008) (adopting the framework used by the Court in Ingram); Ingram, 21 Vet. App. at 243.

 

It is well established that "[a] claim for benefits, whether formal or informal, remains pending until it is finally adjudicated."  Adams v. Shinseki, 568 F.3d 956, 960 (Fed. Cir. 2009) (citing 38 C.F.R. § 3.160(c)). However, pursuant to the "implicit denial" rule, "in certain circumstances, a claim for benefits will be deemed to have been denied, and thus finally adjudicated, even if the [] VA did not expressly address that claim in its decision."  Adams, 568 F.3d at 961.  A claim has been implicitly denied when a regional office decision "discusses a claim in terms sufficient to put the claimant on notice that it was being considered and rejected."  Id. at 963 (quoting Ingram v. Nicholson, 21 Vet. App. 232, 255 (2007)).  Relevant factors in determining whether a claim has been implicitly denied include the timing and relatedness of the implicitly and explicitly denied claims.  Id. at 963-64.  See 38 C.F.R. § 3.156(a) ("New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim."); see also Suaviso v. Nicholson, 19 Vet. App. 532, 533-34 (2006) (whether a claimant has submitted new and material evidence generally is reviewed under the "clearly erroneous" standard of review); Gilbert v. Derwinski, 1 Vet. App. 49, 52 (1990) ("A finding is 'clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." (quoting United States v. U.S. Gyps