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

[pacmanx1]

Buck, do you have a copy of your DRO hearing? Does it have an effective date on it?

[Buck52]

Well I have a transcript of the hearing ''word for word on what was said''  I'll look and see? I have the DRO Award letter  but this has the dates of Dec 10th 2002 for EED.  MY DRO HEARING was on May 7th 2003

[Buck52]

Pacmanx1

My DRO hearing was for a proposal to reduce my benefits back to 0%

No , the DRO never mention the EED during the hearing process  just questions and my answers nothing was mention about my claim  other than rebuttal agianst a VA Dr C&P Examiner  that mention I was not as bad as I claimed and tried his best to have my benefits taken away and service connection stripped.. but with  notarized lay testimony from family and friends that knew me for years and medical evidence I had the DRO took all my evidence into consideration and went with my private Dr medical opinion.

 

I believe the only way to get these issues solved is to request a Historic Audit and explain my version of why I think my EED is wrong and should be this date Sept 1st 1999 (THE DATE I SHOWED TO HAVE LAST WORK and not the back date set by the DRO FOR DEC 10th 2002.

Only thing against me on that is I don't have a Dr opinion about the date I last work and for what reasons.  but to me that's obvious.

Alao I may ask to check all My EED dates from the date I first filed  (April 1998 until the date I was adjudicated May 7th 2003  but remember the DRO WENT BACK ON THE EED TO DEC 10th 2002  the date of my private IMO.  HE MENTION THAT WAS THE DATE I FIRST HAD EVIDENCE THAT MY DIDSABILITY HAD WORSENED . 

HE DID MENTION THE FACT THAT ALTHOUGH RECORDS SHOW YOU LAST WORKED  SEPT  1st 1999.

A Audit of my claim should produce some results  if they can figure out what dates to use ?  because my C-FILE IS SO SCREWED UP  (date wise on the adjudication of my claim it would take the act of congress to figure it all out.

However during my DRO Hearing  I had a  presented a written statement  that Hadit member Flip Halgic aka Phillip Rogers was helping me back then  also Ms Berta , I had mention due to the Continued Persecution of my claim  I ask TDIU BE AWARDED  BACK TO 1998.

Its in my c-file and was mention during the Hearing. as  in part  of my lay statements.

[Buck52]

I MAY ADD  THIS,  I notice on all the rating sheets and explanation of benefits  it was the rating specialist that was present at my hearing to be the decision maker on my Proposals to reduce my benefits from that VA C&P Examiner.

it was the rating specialist that had all these different dates  and its obvious to see them  they stand out like a sore thumb...she was mixed up  on these dates   that is obvious  and I can point that out. her signature is on each page.

The hard part would be figuring out the correct dates?   However if they give the Veteran the benefit of the doubt  then why not give me the dates I ask for?

I kinda doubt they are still there  this was way back in 2003...and they were probably in there late 40's early 50's back then.  or maybe close to my age  69

Don't take me wrong here  I was glad they made the decision to give me the IU  but at the time I was green and did not fully understand the EED process at that time...it wasn't until I got my C-file back in 2015  did I find all of this and learning here on hadit about EED Dates and whatknot.

Edited June 5, 2021 by Buck52

[Buck52]

After going though my complete C-FILE I CAME TO THE CONCLUSSION they made errors on these dates in question.

I was told by a reliable source  that typo errors go in the VA Favor and the dates will be corrected going back to the DRO HEARING DATES, so if they do that then the dates are most likely correct...so why even bother with it?