Early Effective Dates

[Buck52]

I Was Looking through my C-FILE  ..OVER 5.000.00 PAGES not to bad now that its on CD.

Anyway I first filed for hearing loss April 1998,  was denied right off the bat, Appeal that first denial and summited more evidence  using a Private IMO...that claim was denied,  MOVEING ON TO 1999 SILL UNDER APPEAL TIME LINE. OK IN 1999 they SHOW THAT I Reopen this claim and was given service connection   but 0% rating..

I filed for increase in 2000  and was given 50% rating on the private IMO,    but here is the kicker  the IMO I summitted was the earlier one from the second denial  the reason for the denial was they said this Dr did not go by the VA Guidelines and could not be used for rating purposes,   now in 2000  with the 50% increase claim   they used this same test to make there decision  for the 50%.

Which I should have got back in 1999 or 1998  but since the private Dr IMO did not use the VA Guidlines  I was denied  but later on I think they caught this error and gave me the 50%...in 2000  the error was they used  private test to give me the 50% that was not supposed to be used for rating puroposes.

I had a DRO HEARING IN 2003 and was awarded a 90% combined rating  for tinnitus and  severe profound hearing loss which the DRO did GO BACK TO 2002 FOR THE EED,from a specialist I used this time that did use the VA Guidelines and used the Maryland CNC word test..everything on this test was legit and according to CFR/38 Rules.

  BUT THE 50% IS IN QUESTION HERE.

 WHAT HAPPENS IF THEY  USED A HEARING TEST THAT WAS NOT SUPPOSED TO BE USED FOR RATING PURPOSES and they used this same test to approve me for the 50% in 2000.

something seems awfully fishy here.

I know not to look a gift horse in the mouth  but  if They used this test and gave me the 50%  then why not go back to when I first filed in 1998.???

anybody have a clue?

Edited September 7, 2021 by Buck52

[pacmanx1]

Buck, did your recent audit explain how you could appeal their decision?

[Buck52]

No it did not.

I am gathering up my records and putting things inline  to file a CUE.

May wait until next year  after I get my 20 year protection in.

but right now I am gather all the information I can get  so they can't deny me. brocovet is helping me  or were communicating by email. 

According to the DAV Letter I recieved   they say if I am unsatisfied with the decsion I  3 options to disagree 

1.Summplemental claim..//New and Relevant evidence=file wihin 1 year

2.Higher -Level Review,  if no new evidence  file the 20-0996  Can have a telephone confrance  to  point out certain  errors in the case.

3 Board of Veterans Appeals  use the  va form 10182  chooes one of three options  Dierct Option

2.Evidence option  with a 90 days to reconcider their decision  file within 90 days.

Basicly just like a Normal Appeal  but It will be a CUE Claim and they are not Normal...LOL

Edited September 8, 2021 by Buck52

[Buck52]

I am not so sure they did a audit on my claim  they said they did but didn't have records that go back that far.

I will copy the denail letter and post it.

They actually didn't use the word '' denied''

  Date of letter=July 15, 2021  it says nothhing about Appealing it.

''We recived your  statememnt in suppor of  Claim  requesting an aduit of your claim file back to 1998,on June 21 ,2021Unfortuately we do not have  access to  actual payment records that go that far back,We did review you're file and could not find any errors in payment or awards issues, though.''

''Also retro active pay  only pays  you the diffrance  between  the new award and what  you actually  already recieved for that time period , from that time period on there is no retro paymets due.''

''VA pays  in arrears  whch means your award payment for october is not actually paid until November.''

 

Edited September 8, 2021 by Buck52

[pacmanx1]

7 hours ago, Buck52 said:

''VA pays  in arrears  whch means your award payment for october is not actually paid until November.''

Buck, since you have your C-File on Disk try to find your VA forms 21-8947. These should be the sheets that the VA calculated your retro/back pay with. I think that everything is computerized now, and I am not even sure if the VA use these forms anymore, but they did use them back around 1998 and they should be in your records.

The VA Form 21-8947 was an internal VA Form

Edited September 8, 2021 by pacmanx1

[Buck52]

Roger That pacmanx1

[Buck52]

pacmanx1

I may find me a VA Claims Agent  (experinced more than 10 years  Accredieth & Certified  to the courts .  AND SMART!!!

theres a guy right up the road from me bout 12/14 miles  works out of his home,

I Was relooking in my C-file today  and theres not one rating sheet with the form # 's matter fact theres not any VA WORK SHEETS WITH FORM #s.

  They have the rating sheets and work sheet but there not any form numbers on them OTHER THAN THEY HAVE THEM PAGE NUMBER like page 1  pagr 2 page 3 page 4  ect,,,ect,,  no VA Form numbers ...just the applications when I filed and NOD AND REOPEN for reconcideration. AND FILED FOR INCREASE  THOSE VA FORMS ARE CORRECT.

I PROBABLY HAVE ABOUT 10/15 BLANK PAGES IN MY C-FILE. WITH DATES STAMP ON SOME OF THEM CLEAR AS THE SKY...NOTHING ELSE...?

There has to be some forms missing out of my C-file? OR SOME NEVER COPPIED OVER..TO THE DISK?  THE ONES THAT DIDN'T COPY OVER TO THE DISK GET DESTROYED  OR AS BRONCOVET SAYS  ''SHREEDED''

    The latest claim I filed was for PTSD  back in Oct 2014  Approved in March 2015  all of the adjucation for that claim is correct  SMC S House Bound  PLUS RETRO WAS CORRECT TOO.   thats all correct  ,NO BEEF WITH THAT.

It's the first date I applied April 22 1998 for my very first claim   not including the forms I filled out back in 1974   when I went to school on the G-I bill  for 4 years... that seems to be all correct .. educational allowances.

. APRIL 22 1998 to 2003 dates that I question  especially when I got 50%  I found where I first applied for increase and it was in April 1999, 2000 is   when they approve my hearing loss for 50% although they service connected it back to April 1998.at 0%... .moving on up to 2002/2003  I had a DRO HEARING IN 2003  AND THE DRO AWARDED ME THE TINNITUS AND 30% INCRASE ON MY ALREADY 50% HEARING LOSS FOR A COMBINED RATING OF 90%  SINCE i HAD NOT WORKED FROM 1999   99 IS WHEN I GAVE UP TRYING TO WORK OR FINDING ANY JOB I COULD DO...ALTHOUGH I HAD NO DR RENERING ME I can't work due to my bad hearing...we never knew we needed that back then...but appling for an increae is also applying for the TDIU and theVA Failed to look at that. 

 so something is very wrong  in my C-file and the way they adjuicated my claim...  at the time I was just so glad to get approved for the TDIU P&T.

Back then  I never persued my claim any further only a few years ago   until broncovet got his EED moved back a few years with over 100.000 $$ owed to him  plus another 30.000.00 or so when they never added his dependents....

this got me curious and  I started reading my C-file...so I need a VSO that has approval to have the VBMS ..SO he can look deeper in my claims   from 1998. VA CLAIMS AGENTS most of them have access to that.

so Iwill certainly check with this GUY.

I let another claims agent look at my files and he could not see anything in it and it was not worth his time  . B.S.

Anyway if I just get a 1 years retro or maybe 2 years  thats a pretty good hunk of change and a better  EED....and I am hopeing this new guy will help me...WE'LL SEE?

I  JUST NOTICE TONIGHT THAT THEY ARE NO FORM #'S ON MOST ALL MY RATING SHEETS./WORK SHEETS.  just page numbers is all.

Edited September 9, 2021 by Buck52