Pact Act claim question?

[11CINF]

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 

 

[Lemuel]

13 hours ago, Rattler said:

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.

So that is why my "denial" was so quickly turned into a positive decision.  Must have been an automatic HLR.  I did not request it or even put in the appeal.  Possibly the HLR was because I am in remand from the CAVC to the BVA.

[broncovet]

A HLR applies only if you are certain you have "no new evidence".  The instructions, on the form you fill out for HLR, specifically states you cant submit new evidence with a HLR, and it will be decided with the evidence available at the time.  

ONE problem with HLR's:  We dont always know what evidence the VA had when they made said decision.  "If" you have access to your vBMS file and can see, in real time, what evidence the VA had, that is a horse of a different color.  In other words, you can not get an IMO/IME to fix a problem with a nexus, and use the HLR.  Or, submit other new relevant evidence.  

However, as Rattler said, "if" you are certain you know evidence the VA had, and know the rater made an error, you may well get it fixed much faster with HLR than with a BVA decision.  But, if there is a problem with the nexus, or other missing evidnece, then skip the HLR, appeal to the BVA, and submit your new IMO/IME or relevant evidence.  You can also submit new evidence via supplemental claim 

Instructions for HLR are here: as well as the form.  

https://www.vba.va.gov/pubs/forms/VBA-20-0996-ARE.pdf

[Lemuel]

18 minutes ago, broncovet said:

A HLR applies only if you are certain you have "no new evidence".  The instructions, on the form you fill out for HLR, specifically states you cant submit new evidence with a HLR, and it will be decided with the evidence available at the time.  

ONE problem with HLR's:  We dont always know what evidence the VA had when they made said decision.  "If" you have access to your vBMS file and can see, in real time, what evidence the VA had, that is a horse of a different color.  In other words, you can not get an IMO/IME to fix a problem with a nexus, and use the HLR.  Or, submit other new relevant evidence.  

However, as Rattler said, "if" you are certain you know evidence the VA had, and know the rater made an error, you may well get it fixed much faster with HLR than with a BVA decision.  But, if there is a problem with the nexus, or other missing evidence, then skip the HLR, appeal to the BVA, and submit your new IMO/IME or relevant evidence.  You can also submit new evidence via supplemental claim 

Instructions for HLR are here: as well as the form.  

https://www.vba.va.gov/pubs/forms/VBA-20-0996-ARE.pdf

Same with the BVA doing an AMA.  No new evidence.  No briefs or motions.  No hearing.

I got slammed into AMA at the BVA because the form was sent to me and I offered the alternative to a hearing of responding to my motions and brief and any questions would be answered by email.  That was taken as an "in writing" agreement to AMA.  BVA AMA is useless without a brief that details the records in the file that the RO or DRO ignored.

[11CINF]

They awarded me 100% sent out my disability letter and today they called me to do a c&p exam. The VA is so confusing lol.  I missed the call and they didn't leave a message so I'm waiting to see which claim it's for.