Earlier Effective date, waiting to be assigned to judge

[Stayfocus]

659 days in direct review lane for EED.

Waiting to be assigned to a judge.

Anyone else in same situation?

Edited March 18, 2023 by brokensoldier244th
moved from another topic/question

[Stayfocus]

14 minutes ago, pacmanx1 said:

17 minutes ago, pacmanx1 said:

NO, If I am wrong, I am sure someone will correct me. To put it in layman’s/plain language, a retrospective C & P exam is a medical opinion that reviews your records and determine how severe your disability was over a period of time from the original claim to the present severity.

Take a look at 38 CFR 3.156(D)

(D) New and relevant evidence. On or after the effective date provided in § 19.2(a), a claimant may file a supplemental claim as prescribed in § 3.2501. If new and relevant evidence, as defined in § 3.2501(a)(1), is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will re-adjudicate the claim taking into consideration all of the evidence of record.

Example: In my case after the BVA granted me a 1998 effective date, the VARO lowballed my rating percentage and I had to file a new CAVC appeal to get a joint remand to get the BVA/VA to review my entire appeal to determine if the VA should have given me a higher rating percentage. 

17 minutes ago, pacmanx1 said:

NO, If I am wrong, I am sure someone will correct me. To put it in layman’s/plain language, a retrospective C & P exam is a medical opinion that reviews your records and determine how severe your disability was over a period of time from the original claim to the present severity.

Take a look at 38 CFR 3.156(D)

(D) New and relevant evidence. On or after the effective date provided in § 19.2(a), a claimant may file a supplemental claim as prescribed in § 3.2501. If new and relevant evidence, as defined in § 3.2501(a)(1), is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will re-adjudicate the claim taking into consideration all of the evidence of record.

Example: In my case after the BVA granted me a 1998 effective date, the VARO lowballed my rating percentage and I had to file a new CAVC appeal to get a joint remand to get the BVA/VA to review my entire appeal to determine if the VA should have given me a higher rating percentage. 

47 minutes ago, Stayfocus said:

3.156c state’s effective date is date of original claim denial. Is this something new?

NO, If I am wrong, I am sure someone will correct me. To put it in layman’s/plain language, a retrospective C & P exam is a medical opinion that reviews your records and determine how severe your disability was over a period of time from the original claim to the present severity.

Take a look at 38 CFR 3.156(D)

(D) New and relevant evidence. On or after the effective date provided in § 19.2(a), a claimant may file a supplemental claim as prescribed in § 3.2501. If new and relevant evidence, as defined in § 3.2501(a)(1), is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will re-adjudicate the claim taking into consideration all of the evidence of record.

Example: In my case after the BVA granted me a 1998 effective date, the VARO lowballed my rating percentage and I had to file a new CAVC appeal to get a joint remand to get the BVA/VA to review my entire appeal to determine if the VA should have given me a higher rating percentage.

[Stayfocus]

What was your rating in 1998 before RO lowballed you?

I submitted an HLR back in 2017, RO said an error at RO occurred and transferred it as a supplemental appeal. It was at that time that I was awarded 100%, based on 3.156c for evidence in my smr from 1997. RO gave me the correct rating, but effective date was only to 2017.

3.156c states if a claim or appeal is granted based in part or due to smr, effective date will be retroactive to original claim denial.

My current rating (100%) should not be looked at, just the effective date since that is what I am appealing.

Am I making sense?, or am I misunderstanding the regulations?

[Rattler]

They just low balled me on a EED going back to 1982 on two issues. I am going to file a CUE claim on them for not letting me wave any C & P Exams and not giving me a ratting on my right wrist. 

As the VA (not any others) determined that my PTSD dated back to 1977 when I got out of service. They should have given me an EED at 70% dating to 1977. That will be my last battle with them.  

I will win the current one first.

[Whodat]

@Rattler. See this is where I am lost. I feel the same way about my dad. He retired in 91. Nam vet. I was told that if he did not file for PTSD within a year after leaving service, then his EED will be the date that he had filed a claim for PTSD. In 91, I don't think that it was called PTSD.

Same as the recent case where the Vet had challenged the VA on an EED. Although he did not file within that year timeframe after service. That case did not fly. So looks to me, even though Vets have a diagnosis and event or injury while in service, if the vet did not file within that 1 year, then the EED is when the vet filed. If it's 10 or 20 years later, the vet is sol on eed 

 

[pacmanx1]

7 hours ago, Stayfocus said:

What was your rating in 1998 before RO lowballed you?

I submitted an HLR back in 2017, RO said an error at RO occurred and transferred it as a supplemental appeal. It was at that time that I was awarded 100%, based on 3.156c for evidence in my smr from 1997. RO gave me the correct rating, but effective date was only to 2017.

3.156c states if a claim or appeal is granted based in part or due to smr, effective date will be retroactive to original claim denial.

My current rating (100%) should not be looked at, just the effective date since that is what I am appealing.

Am I making sense?, or am I misunderstanding the regulations?

I was one of those veterans that the VA awarded me 100% schedular P & T but I had multiple claims on appeal. Back in 1998 my rating was not service connected yet but I kept filing claims until I reached 100% around 2009 with multiple appeals pending. The VA kept trying to get me to withdraw my appeals and I refused because of the effective dates. My claim that was not service connected went to the CAVC and they did a joint remand and then BVA finally granted direct service connection but sent it to the VARO to be rated and they lowballed my rating. Skipping a few years ahead, the BVA finally granted me an unadjudicated claim going back to 1998 which means the BVA finally went through my records where I filed a NOD on my original denial in 1998 and the VA never responded and that made my claim still open and pending since 1998.

Now that the BVA increased my rating and found out that my original NOD was never processed in 2019. I requested the max rating for the entire time based on VAMC medical treatment records back in 1998 and the CAVC just remanded my appeal back to the BVA to do just that.

If you filed a claim and was denied and had medical evidence that proves you had the same or similar symptoms back in 1997 then that should be your effective date. That is how I won mine.

EEDs (EARILER EFFECTIVE DATES) go back to the original date that the veteran filed his/her claim.  Unless the veteran can prove that he/she filed a claim prior to the service connection date, then it will always be the date of the original claim. 

 

[Stayfocus]

34 minutes ago, pacmanx1 said:

I was one of those veterans that the VA awarded me 100% schedular P & T but I had multiple claims on appeal. Back in 1998 my rating was not service connected yet but I kept filing claims until I reached 100% around 2009 with multiple appeals pending. The VA kept trying to get me to withdraw my appeals and I refused because of the effective dates. My claim that was not service connected went to the CAVC and they did a joint remand and then BVA finally granted direct service connection but sent it to the VARO to be rated and they lowballed my rating. Skipping a few years ahead, the BVA finally granted me an unadjudicated claim going back to 1998 which means the BVA finally went through my records where I filed a NOD on my original denial in 1998 and the VA never responded and that made my claim still open and pending since 1998.

Now that the BVA increased my rating and found out that my original NOD was never processed in 2019. I requested the max rating for the entire time based on VAMC medical treatment records back in 1998 and the CAVC just remanded my appeal back to the BVA to do just that.

If you filed a claim and was denied and had medical evidence that proves you had the same or similar symptoms back in 1997 then that should be your effective date. That is how I won mine.

EEDs (EARILER EFFECTIVE DATES) go back to the original date that the veteran filed his/her claim.  Unless the veteran can prove that he/she filed a claim prior to the service connection date, then it will always be the date of the original claim.