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Effective date

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SPO

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I said it in another thread, but I won my appeal at the board and was rated @ 100% p&t.  But I have an issue with effective dates.

1. I started the process in Nov 2018 with 14 issues. Got denied on all issues for no diagnosis.

2. Filed an HLR within a month of the first decision and got denied again on all 14 issues

3. file a supplemental claim a few months later.   I was awarded 2 out of 14 issues with an effective date of 11/2018 based on a C&P in 7/2020

4. I appealed the other 12 to the board about a month later.  I was just granted service connection for all 12 in 11/2021.

5. The RO rated me at 100% 12/1/2021.   A few items were 0% and effective 11/2018. Anything with 10% or higher was given An effective date of 7/2020(the c&p).

in my mind this is a continuously perused claim. Nothing went over the 1 year appeal timeline. Also based on the fact that the supplemental claim ratings, based on the same c&p as the appeal were effective 11/2018. It seems all items should be effective on 11/2018.   Thoughts?  

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I am not to up on the new appeal system and how it works

If this is a legacy appeal than it sounds like all the effective dates would be 2018.

I call it give the veteran a bone an hope he go away.

They did to me

If it's a legacy appeal I would appeal to court u have 120 days.

It will be remand back just the process.

Good luck

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26 minutes ago, SPO said:

in my mind this is a continuously perused claim. Nothing went over the 1 year appeal timeline. Also based on the fact that the supplemental claim ratings, based on the same c&p as the appeal were effective 11/2018. It seems all items should be effective on 11/2018.   Thoughts?  

I would have to say that the local Regional Office does this all the time. It is a way for them to save money. A lot of veterans are so happy to get the 100% rating they feel that it is not worth fighting the VA for the rest of their benefits. The Regional Office cheats so many veterans out of their benefits it is truly sad.

In reference to my 1998 BVA grant, the BVA granted me a Direct Service Connected 1998 effective date, at the same time the BVA remanded my claim to the local Regional Office to restore my increased rating which they reduced illegally and to determine if my increased rating should go all the way back to 1998 but the Regional Office only restored my increased rating to the wrong effective date. Now since the BVA just granted my 1998 effective date, all evidence goes back to that date. This was a whopper of a claim. The BVA granted my claim as unadjudicated (STILL OPEN), but the local Regional Office ignored that part of determining if my rating percentage should go back to 1998, so now I wait for a new BVA Decision.

So, if you want your benefits you are going to have to file a new NOD (NOTICE OF DISAGREEMENT) to get your benefits.

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It’s an ama appeal, the board only granted service connection. Just had to go back to the regional office to assign % ratings.  I think I can do a higher level review under ama to have it fixed, but not sure.  

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 Another thing that happens a lot is that the BVA will grant claims without a rating or a percentage. The BVA returns the claim to the Regional Office for them to rate the percentage and assign an effective date which also causes delays and begins the hamster wheel from the Regional Office to the BVA and then back to the Regional Office.

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It’s an ama appeal, the board only granted service connection. Just had to go back to the regional office to assign % ratings.  I think I can do a higher level review under ama to have it fixed, but not sure.  

Yes, you are correct but if they don't grant your correct effective date then you are going to have to file a NOD back to the BVA.

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