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]

1 hour ago, Whodat said:

@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 

 

Unless you have it reopened based on smr and 38 cfr 3,156c.

 I would have an attorney look into it for you.

[Rattler]

The VA can wave the one year rule after discharge if you can prove that through no fault of your own that you could not file. The fact is they the VA did not diagnose me until 2017. There have been plenty of cases decided because the VA failed to treat veterans and just denied a claim and find out latter that the veteran had something wrong with them that did not have a diagnose or name at the time. Agent Orange is a prime example of this.

PTSD became a diagnosis in 1980 before that it was call by a lot of other names.

An attorney would have to convince me as to how they would go about. I Have had a dumb ass congressmen's aids and an attorney tell me you can't do that.  "Yah I am that veteran that knows what I am doing and I think out of the box." They were wrong and I have the proof. What pisses me off is how many other veterans believed that BS and lost out.

[jamescripps2]

Pacman is correct. A retrospective C&P is a request from the rating authority for a medical professional to revue the medical record in search of the earliest effective date that the veteran would have been entitled to the claimed disability.

The rater would look at the retrospective opinion and any other relative evidence of the record to arrive at the earliest effective date of the claim.

[Rattler]

Hears the example the latest claim I filed for my right shoulder and right wrist on 1-8-23. I filed form 21-0995 to reopen the 1982 claim. The VA sent 9 letters (The same thing) Telling me I need to file 21-526EZ. Four of them were after the the VBA admitted that I was using the right form.

They listed in their decision the old claim from 1982 but failed to use it as my EED. Then the VA ratted me on my right shoulder but denied my right wrist even though the wrist was in the same IMO (14 pages) that they used to rate my shoulder. The VA used the excuse that I did not attend a C & P Exam even though I waved them for my own IMO & DBQ's that they used in two other ratings including a temp award of SMC.

  

[Rattler]

Sorry if it sounds arrogant but its the same old BS you have to get it to a higher level review ratter when it comes to the big money because it takes 3 signatures to approve the money.

[Stayfocus]

13 hours ago, jamescripps2 said:

Pacman is correct. A retrospective C&P is a request from the rating authority for a medical professional to revue the medical record in search of the earliest effective date that the veteran would have been entitled to the claimed disability.

The rater would look at the retrospective opinion and any other relative evidence of the record to arrive at the earliest effective date of the claim.

So it’s not an actual in person exam, it’s a “documentation” C&P?