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Earlier Effective Date question

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McRay

Question

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?

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This link above might help and Fenderson is searchable here-

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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In 2020, I had a higher level review requesting an EED for several service connected disabilities. I was granted an EED for all them, some of them going back to 2010. The only one that was staged was the rating for my back. It was rated at 20% from 5/3012 and increased to 40% on 2/3/20 which was the date I file a supplemental claim with an IMO from my orthopedic surgeon. 

I was already rated 100% P&T with an effective date of 2/15 while the other claims eventually went to BVA. I kept pursuing these other claims even though I was already 100% P&T because I knew they would move the effective dates of the 100% P&T back resulting in some nice backpay. I had calculated that the effective date of my 100% P&T would move from 2/15 to 1/14. I ended up with about $30K in backpay. The only issue is that they did not 'officially' move my 100% P&T date back to 1/14. When I go on the letter generator it's still showing my 100% P&T date in 2/15. I sent in an IRIS request asking it to be changed and I was told I needed to file an appeal which I just got around to doing. 

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Deedub, a lot of veterans are in the same situation. I won a 1998 effective date in 2019 that the VA did not implement until 2020. My claim went back to the BVA for my final percentage rating.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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