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

[ljl]

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.

[pwrslm]

On 1/18/2022 at 9:42 AM, ljl said:

I scoured every corner of VA.gov and nothing but they didn't ever update my service connection date after I was awarded an EED last May, either. The old one is still listed. I wish they hadn't told me I could call today for a decision then changed their minds. Now I have to wait for a deposit or no deposit, and the decision via the mail.

The dates are only going to reflect the most recent date that it was last changed. A backdated EED will not change the current info unless it was to award something that was previously denied (then you would notice the change in %'s immediately.

The info on pay changes will update every year with COLA, and in situations when a SC condition is increased or decreased.

[ljl]

7 minutes ago, pwrslm said:

The dates are only going to reflect the most recent date that it was last changed. A backdated EED will not change the current info unless it was to award something that was previously denied (then you would notice the change in %'s immediately

Did you say to look for those dates in the Disabilities section? They told me this morning that there is no retroactive pay pending so I don't think it's good.

[pwrslm]

11 minutes ago, ljl said:

Did you say to look for those dates in the Disabilities section? They told me this morning that there is no retroactive pay pending so I don't think it's good.

The change would be recent. My pes planus rating was back in 2018. If there were an increase or decrease it would change to the date of the most recent decision.

It shows like this:

 

"10%left foot pes planus

Service-connected disability? Yes

Effective date:25/10/2018"  <--- this would change to a week ago if they just closed my claim on 1/14/2022 before I ever get my decision letter.

Edited January 19, 2022 by pwrslm

[pacmanx1]

52 minutes ago, ljl said:

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.

 

Was not trying to be negative or smart. I am in the same situation except, I had a face-to-face meeting with a VARO supervisor that lied to me and told me that the RO would grant my EED after I showed her my evidence, but they still denied my claim and I had to file an appeal to the BVA, even when I told her that it was no way the VARO was going to pay my retro going back several years with my proof of medical records that my original claimed missed. Now the long wait.  

[ljl]

24 minutes ago, pacmanx1 said:

Was not trying to be negative or smart. I am in the same situation except, I had a face-to-face meeting with a VARO supervisor that lied to me and told me that the RO would grant my EED after I showed her my evidence, but they still denied my claim and I had to file an appeal to the BVA, even when I told her that it was no way the VARO was going to pay my retro going back several years with my proof of medical records that my original claimed missed. Now the long wait.

No offense taken! Didn't mean to convey that impression. Comrades in the wait and in the lies.

[ljl]

56 minutes ago, pwrslm said:

"10%left foot pes planus

Service-connected disability? Yes

Effective date:25/10/2018"  <--- this would change to a week ago if they just closed my claim on 1/14/2022 before I ever get my decision letter.

Here is mine:

Rated Disabilities

Disability	Rating	Decision	Related To	Effective Date
tinnitus	10%	Service Connected		01/22/2019
generalized anxiety disorder	70%	Service Connected		12/06/2017