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7-Day Decision on a 30-year-old Matter: Entering The Guessing Period

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ljl

Question

I just found out the VA made a decision on a supplemental claim I filed only a week ago concerning a now 30-year-old claim. The matter involves an earlier effective date for TDIU to match the recent grant of an earlier effective date for service connection for GAD. They denied the EED for TDIU based primarily on the now-defunct date of service connection for GAD in 2017 so I sent them that decision along with evidence supporting my inability to earn a decent living for almost thirty years. I averaged over that time, $6000 dollars a year.

How much consideration went into records that support a retroactive rating the same as my current of 70% I don't know but most of the supporting documents are long-gone. I made the unavailability of those records as a part of my argument as I was granted the EED for service connection for GAD under 38 cfr 3.156(c) where service records are added to your file later on that prove your case.

Nervous because they decided so fast - 7 days. Has anyone else had such a lightening-fast decision and if so, how'd it go?

Disclaimer: I understand I only have to wait a few days for an answer but I'm now caught in that guessing frame of mind that won't abait until I found out. 🙂

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What u can do is have them email or fax it.

Tell them it take 30 day to get the letter because of there mail problem and you have a case started at the court.

They will email it encrypted I have a hard time with it. They tell me u must use a computer to open them.

The fax can be send to any number you give them.

I understand how it feel I would try this you get your letters.

Good luck don't forget get to mention there mail delay.

 

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Because of the VA mail problems if you contact them after 10 days they will Fax it to you. I use FaxPlus $11.99 a mo. for a online fax. I have had them send me my decisions that way.

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A representative this morning wouldn't email me the decision but he said there was no retroactive award pending. Sad.

Wondering what happened because the claim was denied because the effective date of my service connection for GAD (the underlying claim), was Dec of 2017 when in reality, it had just been backdated to April of 1990. I sent them proof of that in addition to 30 years of evidence of UI.

Edited by ljl
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After your ten (10) mailing days, you can contact the VARO and they will e-mail a copy of your decision. There are no standards at the VAROs and what one will do another may not. Even though there is a 30-day mailing problem that does not negate/counteract the ten (10) minimum mailing day window. To do so would be asking the VARO to do something extra or special. 

As to your decision, you filed a supplemental claim (DECISION REVIEW REQUEST) requesting an EED (EARLIER EFFECTIVE DATE) or a BED (BETTER EFFECTIVE DATE) and the potential would award you thirty (30) years retro. This could still end up as a high retroactive payment and the local VARO do not like paying these types of payments unless they are forced to. They normally must come from a higher level. It is true that they can award these types of claims, but they do not like to and most often a veteran has to appeal to the BVA to get his/her higher retro pay granted and then the VARO will award.  

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1 hour ago, pacmanx1 said:

As to your decision, you filed a supplemental claim (DECISION REVIEW REQUEST) requesting an EED (EARLIER EFFECTIVE DATE) or a BED (BETTER EFFECTIVE DATE) and the potential would award you thirty (30) years retro. This could still end up as a high retroactive payment and the local VARO do not like paying these types of payments unless they are forced to. They normally must come from a higher level. It is true that they can award these types of claims, but they do not like to and most often a veteran has to appeal to the BVA to get his/her higher retro pay granted and then the VARO will award.  

To be sure, when I filed the supplemental claim, I was expecting to have to appeal to the BVA. What threw me off was the quick turnaround time. It messed with my head enough for my expectations to rise. Damn it.

Happily, I DID receive an almost 200K award last May when they backdated my service connection and it established grounds for the TDIU as I haven't been able to work a regular job since I left the military.

 

Edited by ljl
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