Anxiety condition award start date

[Riplip]

Hello, I am still out here battling away. Finally got my personnel records after 7 months. Been going through them for a couple weeks now. I was granted 50% Anxiety condition on 8/14/2019. While going back in my records I was denied the same condition 4 times going back to 4/3/2015. Should they have granted it back to then or not? Just wondering. Thanks for any thoughts

[brokensoldier244th]

What about it? They are a regulatory nightmare. Nothing is untrue about that statement. Are we not allowed to complain about parts of our job, now? Why should you get to have all the fun?

Edited August 18, 2022 by brokensoldier244th

[Mr cue]

Sound like the VA need to be doing more training.

If veterans are more up on the regs then they worker's.

An no I am not accepting excuse for the VA.

[brokensoldier244th]

Are you volunteering, then? 

[Riplip]

I appreciate the replies. When I asked my VSO this is his reply:

Your mental health condition was denied on 04/01/2016, 06/15/2017, and 12/21/2017.

 It was reapplied for on 08/14/2019. It was granted on 09/12/2019, effective 08/14/2019. This is correct since more than one-year passed between the 12/21/2017 denial and the 08/14/2019 application.

2 year gap between tries....

[broncovet]

Not so fast!  A few hours of your time could well result in thousands of dollars of retro to you.   While I have not reviewed your file, you should call, email, or take your file to a competent Veterans Attorney.  They make a living on getting Veterans benefits due to them, "when a VSO was unable to do so".  

Choose from one of these:  https://www.vetadvocates.org/cpages/sustaining-members-directory

Dont be surprised if you have to contact more than one attorney in some cases, as the best ones are often very busy, and may not be able to take your case.  Or, they may not be familiar with your market niche.  They often specialize in Vets law they are familiar with, so its no reflection on you if they decline your effective date case.  

Im very suspicious of Clear error on the part of VA, denying you then awarding the same condition later.  Often this involves "new and material evidence" under 38 cfr 3.156, and VA may well have mis applied this regulation!  

I cant tell you how many times Vets were about to give up, came on hadit, got either great advice here, or got a great attorney and won benefits.  Im one of those!!!

If it smells fishy, there are usually fish nearby.  And, Denying then approving, and not giving the earliest effective date smells very fishy to me.  

Again, I have not read your file, but an attorney can look through and probably find where you submitted new evidence, within the appeal period.  

Or find another way.  As already said, its a minefield of regulations and it often takes an attorney to sort it out.  If you give up, you will fail every time..unless you get up and start swinging again.  

Edited August 19, 2022 by broncovet

[broncovet]

This is why I think you may well be entitled to extra retro:

     Res Judicata is a legal principal that means if a case has already been adjuticated, you cant just go back and ask another judge.  

     So, if a VA employee sees that its already been done, they often dont look at it.  So, a mistake is often repeated that way.  

     They rating specialist who awarded benefits may have done so with new evidence, that was not previously available.  But, he or she may not have understood 38cfr 3.156,or did not apply it.  That is clear error, if a VA employee fails to apply a specific regulation.  Va has to comply with its own laws.  

     It would take a review of your file to determine if you were, in fact entitled to an eed, but many attorneys would be glad to do that for you, at no cost or obligation.