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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-

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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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