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]

51 minutes ago, Riplip said:

Brokensoldier, thank you so much. That does open up a search column. That will help a ton. 

Oh believe me, I know. Its how I live and die every day when reading through all this. I have a long list of 'keywords' that usually tie into relevant conditions, and variations of those words, since corpsmen and doctors don't always use the same terminology. They all have their own 'flair' sometimes, so I search on a bunch of those based on the contentions that are on a particular claim, then I dive back in again to go through the hand written stuff by skimming through it with eyes on.

[pacmanx1]

When trying to do a search, a lot of programs have a magnifier icon somewhere on the screen.

P.S. The search button will not search handwritten documents, I have filed several claims for EEDs based on handwritten VAMC medical progress notes that the VA failed to review and or consider for my established effective dates. The only way to search or find these documents is to basically start from the begin and slowly scroll up/down searching each page. My initial CD records had well over 3000 pages, but I found them clear as day and I already won one EED and I have another pending.  

 

 

 

Edited August 22, 2022 by pacmanx1

[Rattler]

On 8/19/2022 at 8:18 AM, broncovet said:

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.  

Res Judicata does not apply in VA cases. Only in state an US Courts. The translation is "once tried always tried."  It is deceiving to interject it hear hear as we all know the VA has its own rules on claims that have been adjudicated. I agree that the VA will not go  out of there way to reopen a claim unless you ask them with new evidence. (New and material evidence)

[broncovet]

Res is one of those unwritten rules.  Otherwise, a Veteran could simply keep filing a claim until he eventually found a Veteran friendly rating specialist/judge who would award benefits even if 30 others denied it.  

Remember, VA is supposed to comply with the law, "not just" VA laws.  Certainly, if a Veteran appealed at the CAVC/Federal circuit, and was denied, he would not be permitted to appeal AGAIN, "unless he had new, relevant evidence".  

38 CFR 3.156 is VA's way of dealing with Res Judicata.  You file.  Get denied.  But, when you have new relevant evidence, so you can resubmit.  

Another way VA deals with Res is DRO review, aka a "de novo" review.  De Novo is "from the new".   So, a more experienced rater can review the decision and may or may not alter it, but it is a form of appeal to a higher tribunal.  

Its an "appeal chain of command":

1.  VARO decision

2.  DRO/SCL/HLR appeal.  This is supposed to be a more experienced rating specialist trained to find errors, and maybe fix them.  

3.  BVA appeal

4. CAVC appeal

5.  Federal Circuit

6.  Supreme court of the united states.  

      You "exhaust" all your appeal options at scotus, with an exception of sometimes the VASEC can award benefits anyway, if he feels you are so entitled.  

       You can not keep appealing over and over..you mostly have to stick to the chain of command, "unless you have new evidence", or if you allege CUE.  

      It would not be a good use of sparse judicial resources to permit multiple appeals on the same issue, with no new evidence.  Its va's way of Res, and it sort of works sometimes.  

Edited August 23, 2022 by broncovet

[blahsaysme2u]

On 8/19/2022 at 9:04 AM, broncovet said:

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!!!

this was me TOO!!! listen to these guys...they know what they are talking about...went from 30- 100% and now fighting for my EED with lawyer...just waiting on judge signature! dont give up