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Pact Act claim question?

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11CINF

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Hello all, 

So, I was awarded 100% PnT for Pact Act claims today. I filed July 2022 and I think they made a mistake for back pay and dating my award. The Chronic Rhinitis at 10% is dated 2022 but the Sinusitis which is a pact act claim at 50% is dated June 30 2023. I have to appeal this right? Or file a supplemental form For the back pay? I was currently at 90% and if they would've given the Sinusitis the same effective date I would be 100% as of Aug. 10, 2022. Look at the wording on my decision letter. Are they wrong or am I wrong? 

Chronis Rhinitis 

 

WE CONSIDERED WHETHER YOUR CONDITION RESULTED FROM A TOXIC EXPOSURE RISK ACTIVITY (TERA) IN SERVICE. THE EVIDENCE OF RECORD SHOWS PARTICIPATION IN A TERA. (38 U.S.C. 1168)

THE EFFECTIVE DATE OF THIS GRANT IS AUGUST 10, 2022. SERVICE CONNECTION HAS BEEN ESTABLISHED FROM THE DATE OF THE LAW CHANGE ALLOWING VA TO GRANT THIS CLAIM. WHEN A CLAIM OF SERVICE CONNECTION IS RECEIVED WITHIN ONE YEAR AFTER A CHANGE IN LAW, AND ALL THE REQUIREMENTS WERE MET FOR A GRANT ON THE DATE OF THE CHANGE IN LAW, THE EFFECTIVE DATE IS THE DATE OF THE CHANGE IN LAW. (38 CFR 3.114, 38 CFR 3.400, 38 CFR 5110) AN EVALUATION OF 10 PERCENT IS ASSIGNED FROM AUGUST 10, 2022.

Chronic Sinusitis

 

WE CONSIDERED WHETHER YOUR CONDITION RESULTED FROM A TOXIC EXPOSURE RISK ACTIVITY (TERA) IN SERVICE. THE EVIDENCE OF RECORD SHOWS PARTICIPATION IN A TERA. (38 U.S.C. 1168)

THE EFFECTIVE DATE OF THIS GRANT IS JUNE 30, 2023. SERVICE CONNECTION HAS BEEN ESTABLISHED FROM THE DAY VA RECEIVED YOUR INTENT TO FILE (ITF) A CLAIM FOR COMPENSATION. WHEN A CLAIM OF SERVICE CONNECTION IS RECEIVED MORE THAN ONE YEAR AFTER DISCHARGE FROM ACTIVE DUTY, THE EFFECTIVE DATE IS THE DATE VA RECEIVES THE INTENT TO FILE WHEN A PRESCRIBED FORM IS RECEIVED WITHIN A YEAR OF THE ITF. (38 CFR 3.155, 38 CFR 3.400) AN EVALUATION OF 50 PERCENT IS ASSIGNED FROM JULY 27, 2023.

Why?

 

TIA 

 

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I would not file a NOD unless you want a two year wait. I would file a Higher Leave Review. (HLR) That is how I got my back pay. It should take less than two months. I would request a phone interview. I agree with you that the date should be August 10, 2022. I think the VA contradicted its self. If you fail with the HLR you can still file a NOD with out losing any back pay. You don't file a supplemental form For the back pay only if you have new an material evidence.

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I think you should appeal this, by filing a NOD, and take it to the BVA (Board of Veterans Appeals).  You "may" get it done quicker with a HLR, but my opinion is that would be a waste of time, and you should go directly to the BVA>. 

You will need to make another choice:

1.  Go pro se.  (represent yourself)

2.  Use a VSO (no cost, but often poorly effective)

3. Hire a lawyer.  Most expensive but likely most direct route, as you often wind up hiring an attorney later, anyway.    Will likely cost you 20 percent of the back pay. 

      If you dont mind studying, have the time and ressources, you can represent yourself.  You may even get lucky and get a great vso from the get go, but that is rare.  

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30 minutes ago, 11CINF said:

Hello all, 

So, I was awarded 100% PnT for Pact Act claims today. I filed July 2022 and I think they made a mistake for back pay and dating my award. The Chronic Rhinitis at 10% is dated 2022 but the Sinusitis which is a pact act claim at 50% is dated June 30 2023. I have to appeal this right? Or file a supplemental form For the back pay? I was currently at 90% and if they would've given the Sinusitis the same effective date I would be 100% as of Aug. 10, 2022. Look at the wording on my decision letter. Are they wrong or am I wrong? 

Chronis Rhinitis 

 

WE CONSIDERED WHETHER YOUR CONDITION RESULTED FROM A TOXIC EXPOSURE RISK ACTIVITY (TERA) IN SERVICE. THE EVIDENCE OF RECORD SHOWS PARTICIPATION IN A TERA. (38 U.S.C. 1168)

THE EFFECTIVE DATE OF THIS GRANT IS AUGUST 10, 2022. SERVICE CONNECTION HAS BEEN ESTABLISHED FROM THE DATE OF THE LAW CHANGE ALLOWING VA TO GRANT THIS CLAIM. WHEN A CLAIM OF SERVICE CONNECTION IS RECEIVED WITHIN ONE YEAR AFTER A CHANGE IN LAW, AND ALL THE REQUIREMENTS WERE MET FOR A GRANT ON THE DATE OF THE CHANGE IN LAW, THE EFFECTIVE DATE IS THE DATE OF THE CHANGE IN LAW. (38 CFR 3.114, 38 CFR 3.400, 38 CFR 5110) AN EVALUATION OF 10 PERCENT IS ASSIGNED FROM AUGUST 10, 2022.

Chronic Sinusitis

 

WE CONSIDERED WHETHER YOUR CONDITION RESULTED FROM A TOXIC EXPOSURE RISK ACTIVITY (TERA) IN SERVICE. THE EVIDENCE OF RECORD SHOWS PARTICIPATION IN A TERA. (38 U.S.C. 1168)

THE EFFECTIVE DATE OF THIS GRANT IS JUNE 30, 2023. SERVICE CONNECTION HAS BEEN ESTABLISHED FROM THE DAY VA RECEIVED YOUR INTENT TO FILE (ITF) A CLAIM FOR COMPENSATION. WHEN A CLAIM OF SERVICE CONNECTION IS RECEIVED MORE THAN ONE YEAR AFTER DISCHARGE FROM ACTIVE DUTY, THE EFFECTIVE DATE IS THE DATE VA RECEIVES THE INTENT TO FILE WHEN A PRESCRIBED FORM IS RECEIVED WITHIN A YEAR OF THE ITF. (38 CFR 3.155, 38 CFR 3.400) AN EVALUATION OF 50 PERCENT IS ASSIGNED FROM JULY 27, 2023.

Why?

 

TIA 

 

I received the same letter on my PAC ACT claim except it was a total denial.  Then a few months later, I received the correct rating from the correct date, the date I first began treatment for bladder cancer.  But in did not mean anything in my compensation.

I am appealing that decision on other issues.  SMC was denied.  Have CCK working on it and the denial will be taken up when the remand from the CAVC is taken up by the BVA.  So will have the CCK on that issue plus others.  I think bladder cancer should be rated higher than 20% because of continuing treatment and follow-ups.  Will try to secondarily connect oxygen therapy to the bladder cancer because of the BCG treatments.  When I get some results, I will post them.

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I claimed PACT ACT Asthma and this is what they said: I filed as a new claim not secondary to sleep apnea but I am service connected for sleep apnea at 50%

5. Evaluation of upper airway resistance syndrome, claimed as obstructive sleep apnea to

include asthma currently evaluated as 50 percent disabling.

 The evaluation for upper airway resistance syndrome, claimed as obstructive sleep apnea to

include asthma is deferred for the following: further development.

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9 hours ago, Rattler said:

I would not file a NOD unless you want a two year wait. I would file a Higher Leave Review. (HLR) That is how I got my back pay. It should take less than two months. I would request a phone interview. I agree with you that the date should be August 10, 2022. I think the VA contradicted its self. If you fail with the HLR you can still file a NOD with out losing any back pay. You don't file a supplemental form For the back pay only if you have new an material evidence.

Your results were different than mine.  Mine was just after HLR came into existence.  The DRO just copied the ROs Decision and it has taken years and still not complete.  CCK is on it now.  When I did it there was no hearing with the DRO.  Could not even write the DRO a letter.

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Lem a lot of that has changed with the new 2019 act there is a lot of confusion. They have 120 day dead line to try and complete them.

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