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5,10,20 year rule and EED

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blahsaysme2u

Question

there was post recently on the rules-

and it was great info- but i noticed something that was very important missing that most veterans dont realize or think about...EED!

whenever there is a change in EED, the date for the 5,10,20 gets reset- in your favor...

if you fought to have a claim EED back to a claim in 2008 from a win in 2019 effective date and won- you are now protected under the 10 year rule- and will be protected under the 20 year in year 2028 instead of 2039! this is important info i think gets missed and just wanted to share

here is confirmation from a repubutal law firm to back up:

 

Quote

 

Retroactive Awards

The VA may make a recent determination about a condition that goes back 20 years or more. The Veteran would receive a rating for that condition, the rate would be protected under the 20-year rule, and it would be retroactive from the effective date of the original condition even if the decision was recently made.

 

 

https://www.seankendalllaw.net/faqs/va-disability-rating-20-year-rule.cfm#:~:text=Retroactive Awards&text=The Veteran would receive a,the decision was recently made.

Edited by blahsaysme2u
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Correct.  Before you go out and start counting retro, here is what this means.

An example should explain:

     You apply for benefits for PTSD in November, 2003.  It gets denied, and denied again, 

until, finally, you get PTSD at 100 percent awarded to 2003, BUT YOU DONT GET THAT 

Decision until Decemeber, 2023, more than 20 years later!  

      This means your rating "immediately" has the 20 year protection, as it should, because

I doubt it was the Veterans idea to delay his benefits for 20 years and one month.  

      Your protections begin on "the effective date" of the decision, not the actual decision date.  

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1 hour ago, broncovet said:

Correct.  Before you go out and start counting retro, here is what this means.

An example should explain:

     You apply for benefits for PTSD in November, 2003.  It gets denied, and denied again, 

until, finally, you get PTSD at 100 percent awarded to 2003, BUT YOU DONT GET THAT 

Decision until Decemeber, 2023, more than 20 years later!  

      This means your rating "immediately" has the 20 year protection, as it should, because

I doubt it was the Veterans idea to delay his benefits for 20 years and one month.  

      Your protections begin on "the effective date" of the decision, not the actual decision date.  

as always you give the best example and explanation...thanks so much for a clear-er explanation...

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