How to Get an Earlier Effective Date for VA Disability Claims
ฝัง
- เผยแพร่เมื่อ 24 ก.ค. 2024
- Establishing an earlier effective date for a VA disability claim can result in significantly more back pay going to the disabled Veteran. Learn the ways by which Veterans may be able to get an earlier effective date on their VA claims, or dependents’ Dependency and Indemnity Compensation (DIC) claims. Topics include Clear and Unmistakable Error (CUE), availability of new records, presumptions, and more!
Read the blog post here: cck-law.com/veterans-law/earl...
Reopening VA Claims: cck-law.com/blog/how-to-reope...
CUE Claims: cck-law.com/blog/cue-claims-h...
Learn More About CCK: cck-law.com/why-hire-cck-for-...
0:00 Introduction
0:50 What is an Effective Date?
1:53 Why is an Earlier Effective Date Important?
3:54 Clear and Unmistakable Error (CUE) Claims
6:05 New Military Records
9:32 New and Relevant / Material Evidence Submitted Within Appeal Period
13:00 Claims Filed Within a Year of Military Discharge
14:16 Dependency and Indemnity Compensation (DIC) Effective Dates
15:50 Presumptive VA Claims
18:00 Closing Thoughts
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Thanks for watching! Check out the description for more details on the topics mentioned today.
I'M NOT GOOD AT FINDING HELP. I NEED SOMEONE THAT CAN LOOK INTO WHAT HAS HAPPENED TO ME.
I SHOULD HAVE BEEN DECLARED DISABLED WHEN I GOT OUT OF SERVICE.
IN OUR COMPANY WE HAD THREE SUICIDES IN ONE YEAR. THEY TRIED TO MAKE ME KILL MYSELF.
ISSUE TWO I FILED FOR 100 PERCENT IN 2002. I WAS QUALIFIED FOR 100 PERCENT. I WAS TOLD IF I CONTINUED THEY WOULD CUT OFF MEDS.
THE HOSPITAL HAS WITHHELD INSULIN AFTER I FILED COMPLAINT.
MY MENTAL ISSUES KEEPS ME FROM FIND HELP.
I was awarded earlier effective date by bva judge wight or back pay from 1979..1.2 million for going to prison within 1 yr of leaving service.alreay proven..problem is they didn't send me ssoc saying to turn in prison records..effective date is sept 2005
Ok
@@flutoporter6971 hey question so i was in jail when i discharged and locked up for year after and couldnt file im combat vet w ptsd waiting on claim ... can i challenge the effective date back to my discharge date
I have a knee injury that is getting worse - e.g., a service connected tear leading to arthritis and it’s getting worse so I filed for an increase. Walter Reed MRI found a torn meniscus in my knee which explains why my knee has been locking for the last 6 years. However, I found an MRI result from when I was in Singapore and it says meniscus tear. Everyone missed it since it was a foreign civilian medical record that somehow didn’t get noticed when I retired. Hopefully they backdate until that Singaporean exam which was done while on active duty.
Great video!! What happens when VA makes a duty to assist error by not requesting personnel records (not service treatment records)?
My claim was reminded in 2021 I was then awarded a 70 % increase from 2014 - 2021 but in that same claim awarded TDUI beginning July 16, 2021 and only received retro from that last date 1 before a C & P exam so from 2014 to July 16 2021 no retroactive was cited in decision letter with also an effective date for TDUI on July 16 2021
I would recommend to every veteran that you personally create the CFR‘s you have access to the Internet. I was told by many professionals that my case was not possible… But upon looking at the laws myself things were very clear and my claim was approved once I articulated the facts. Utilize professionals to lead you in the right way understand the law yourself don’t guess or hope anything know for sure! And keep in mind even if you get denied the first second or third time if you were initially correct there’s almost always a way to rectify
* Personally study
I'm watching this and I just get pissed off...diagnosed with ptsd in 2001 during retirement physical by a Navy psychiatrist...I flew in Navy 24 years and experienced many close calls and witnessed many bad things like an A-6 hook skip and crashed about 50 feet from me and and being splattered by blood when a blue shirt ran forward through the spinning prop of an E-2C Hawkeye...too many other events to mention which include flying 21 combat missions during desert storm and being locked on by an Iraqi mig 21 and near mid air collisions with other aircraft at nite...took all this to the VA and was denied ptsd in C&P exam May 2002...claimed there was no stressors...I never engaged the enemy...I was never in danger...the exam was conducted by a PhD candidate student who was a moron and the PhD who signed off on the C& P exam never saw me...I fought this until 2007/ 2008 until I just spiraled down into a dark abyss that numbed me and isolated me...I felt nothing but miserable...mentally and spiritually I died and it all most killed me physically in March 2012 I finally began receiving treatment in 2013 by a civilian doctor and after 8 years we still have 3 ptsd sessions a week...sorry I cannot finish this but the VA is the most incompetent organization I have dealt with...for me the VA is more dangerous than flying combat missions...this incompetence has ruined my life and damaged my marriage beyond repair...in some ways I thinking has been harder on my wife because I didn't care but she did...now I am 70% ptsd and depression but have IU for ptsd.. VA deemed my ptsd total and complete meaning permanent and Lori had the VA benefits...she is doing a CUE for earlier effective date of August 1 2001 current effective date is December 11 2019...not one CUE but multiple CUE made by VA...I can't even talk on the phone the anxiety is so bad...had higher level review November 1 2021 and we are waiting for decision...we reached out to VSO and other organizations for help including attorneys and we offered to pay for their time but nobody would help us...of the 22 veterans who kill themselves every day and I am sure that number is higher I would like to see the data on those who had recently been denied benefits or had a negative interaction with the VA because I believe the VA is directly or indirectly responsible for many of those suicides...Aloha
I filed in 2016 and nevergot any info....VA can't produce any documentation about the decision/file...any advice that might help
Very good.
i currently have a chapt 17 thru VA. Oth-service connected for PTSD. Records I have show I was diagnosed while in service, along with depression, anxiety, and anhedonia. Currently have a request for discharge upgrade from ABCMR to qualify for compensation, from what it seems and all the records, evidence and statements we have looks like its in our favor to win. Would my effective date be from "intent to file" or from the date of discharge upgrade?
What happens if the HLR Rep from VA put in your file that an error was made by VA?
I was awarded temporary 100% in January of 2022. I was backed paid to October of 2021(3months). However; I was back paid another 3 months after that (3 more months) to July because that was the date I went into inpatient program. So, even though I didn’t filed til October, but I was awarded from the date I went into inpatient program.
However; I was in inpatient program in 2004 to. Why didn’t I received back paid for the 1 year in 2004 ?
My appeal was remanded back to VA and they didn’t give my effective date for pay. My claim was dated December 2012. What do I need to do?
Hi, a few years ago I was 40% for chronic thoraculolumbar spine DDD and had a 5 year re-eval and was reduced to 20% in 2018 or 2019 I believe, in 2020 or 2021 I had worsening symptoms, weight gain, nerve impingement, bladder spasm due to nerve impingement, increased spasms, even sneezing would cause me to keel over and buckle my knees, had another MRI and showed nerve impingement and worsening DDD as well as another lumbar section further up showing signs of herniation. I never appealed, I just accepted it, they even increased my Gabapentin dose and gave me cyclobenzaprine again to treat my symptoms. Would this be evidence to get earlier effective date for a current claim that I have open which is in evidence gathering phase?
I filed for fibromyalgia in 2009 after being diagnosed by the VA, which was within a year of getting out, & was denied even though it’s a presumptive condition. I didn’t appeal withIn a year & didn’t know all of this stuff back then unfortunately.
In 2014 I could no longer work & filed another claim again for fibromyalgia this time it was approved at 40%! However, I only received back pay from the date of that claim not from the date of my original claim or the date I was diagnosed by the VA…which again I was diagnosed with fibromyalgia within a year of transitioning out of the Air Force & filed my original claim within the same year. So my question is shouldn’t I have been paid from my original claim date, date of separation, or date of diagnosis. If so what do I need to do in order to try & collect the retroactive pay I am entitled to?
I have another question too. In 2018 I filed for TDIU due to PTSD (I was already at 70% for PTSD & 40% for fibromyalgia) & fibromyalgia, but it was denied even though the doctor stated in my exam that very clearly that mentally I could not work & listed all of the reasons why. I don’t understand why it was denied especially since the rule that you must have 1 condition rated at 40% & another at 70% applied to me. Anyway, I didn’t appeal within the year, but I filed a supplemental claim this past March & was granted 100% P&T. They listed my effective date as April instead of when I applied on March 3rd which I believe is wrong. Also, everything the doctor wrote in my exam paperwork for compensation basically said the exact same thing as the last compensation exam I had when I filed for TDIU in 2018, so my question is can I file something like a higher level review to get the effective date for my 100% rating changed to reflect the obvious error they made by denying me in 2018 when they had the exact same evidence?
What year was the 1-year after discharge effective date rule passed?
Good job…I think the video plays better if you don’t move the screen around. Nice job.
Why isn't the effective date the same as the discharge date? I was discharged in 1960, but didn't learn about VA disability claims until after 2000. I successfully filed a claim, but the effective date was only a few months earlier. Seems to me that I was cheated.
Because you did not file a claim with the VA when you were discharged?
Getting benefits retro to discharge date could be possible for some veterans in the near future. There is a case now going before the supreme court regarding a vet who was first awarded VA benefits 30 years after discharge. He didn't file sooner because his service connected psychiatric conditions impaired him to the point of not being capable of applying for benefits. His attorneys are arguing that veterans should be able to get retro benefits from date of discharge. Might want to keep an eye on the case and the outcome. Look up Aldolfo Arellano equitable tolling.
You were Cheated. No matter what these dummies on here say.
@@sargentking2436 Ignorance of the rules does not apply. Good luck with that.
@@evilload And you are obviously not a Veteran speaking with nonsense. He was Cheated damn what you say which means nothing.
The VA denied me SC for Bipolar Disorder in 2008.
The EVIDENCE USED: VA Form 119
VCAA Development Letter
Response to VCAA Development Letter
Service Treatment Records
Service treatment records are negative for bipolar disorder or any other psychiatric condition.
In 2020 I was granted SC for Bipolar Disorder Based on the Same Service treatment records.
I was not given a C&P Exam
This time they found a Stressor in my Service treatment records.
Is this considered a CUE to change the Effective date back to 2008 since the same Service Treatment Records were used to grant SC?
I WAS Denied for both knees in May 2022 the VA said it was nothing in my medical records supporting my cliam I SENT AWAY FOR MY MEDICAL RECORDS FROM THE NATIONAL ARCHIVES SO BY THE TIME I GET MY RECORD AT THE YEARLY DEADLINE PASS BUT MY MEDICAL RECORDS HAS ABOUT TEN OR MORE INCIDENTS OF ME GOING TO THE BASE DOCTOR ABOUT MY KNEES IN DIFFERENT ACCIDENTS WITH MY KNEES can I get my original Denied Cliam Date
Do you get back pay if your getting Med boarded out the army ???
How does the firm seek out advocates to join the firm?
im currently waiting on a decision im combat vet w ptsd my case is too hard to explain but does anyone else feel like they could file a claim for ptsd just from dealing with the VA lol seriously would love to see data on all the suicides and see if maybe they had been denied on claims and at a rough spot in there life or treated shitty from the VA in general... ive literally walked into a hospital and told them i needed help and was suicidal and was told there were no beds available ... i went to prison for five years that day
I agree the VA makes your mental health worse
Great information. My question is my 12 months of Intent to File fell in the middle of Covid19 and the World Shut Down. I lost 8/9 months of filing time. Are the VA addressing this issue? I have been looking online, but found nothing. Thanks for All your Support.
File the covid extension. You should be able to find info online. Submit that on a 4138 and state because of the covid ext regulation, the effective date should be the earlier date.
How did you lose 8/9 months filing time? It is not like you had to go in to the local VA to file your claim. You had one year to either mail in an application or file one online.
@@evilload The Va closed down. All of my appointments were cancelled by the VA, not me. Then later they started doing Tele conference calls which really did not help if you had an exam. Hopefully this answered your concerns.
@@sargentking2436 "The VA closed down". How ignorant are you? Do you seriously think that a government organization of that size would just shut down because of C19? Appointment cancelled? Boo hoo. Some video visits/exams were and still are used there and at private treatment facilities. Everything goes back to your original date of claim as long as you are not at fault for missing an exam. Hopefully this clarifies your ignorance.
My 100% effective date was last year, but condition in CFR that met standard for 100% was in effect in 2016. Is there anyway to get an earlier effective date?
Did you have any progress on your effective date? I'm in a very similar position.
@@jerryyoung5862 not yet. There is supposed to be something that you can appeal when it was a clearly a mistake.
What if they had the documents but refused to read it?
Hello I summited my claims in June 2021 and I’m currently still in the army and they say my release date time frame is Jan/ Feb and I was trying see if I would be entitled to this this back pay or would they just start my pay out on the date I’m released.
date you released
Am still waiting for my claim
The VA seems to approve a 'lower' disability rating, THEN 2 months later, raises it, to avoid FULL / UNEMPLOYABLE BENEFITS BACKPAY. EXAMPLE: Effective date of filing, is 2 years ago, but, you're ONLY paid 70% FOR THE LAST 2 YEARS upon award, but, 2 months later, they award 100%, ONLY paying you the 100% FOR THE LAST 2 MONTHS.
Samirsaha
Filed 2018 va claimed no in service records, in my records review that I am doing I have found records of 2 of my denials so far
Keep pulling for what you Earned.
I have a friend who was given a card showing he had 10% hearing loss when he got out of the Army in approx 1970. He still has that card. He recently filed a claim for hearing loss to receive hearing aids which he got. Now he has filed a claim for disability for the hearing loss. Can he be given back pay from 1970? The VA is balking on any type of disability even though now he has completed hearing loss in one ear. Thank you.
Getting a card from the Army is irrelevant. No claim with the VA, no backpay.
Do I need a rep
What if old records where not available or lost destroyed
Hi Mr. Redd, this post from our blog may be able to help: cck-law.com/blog/what-should-i-do-if-my-military-service-records-were-destroyed/
Va is denying my effective date and my lawyer has file claim and heading to Veterans law judge. Smh why they doing this us. #supportvets
Diagnosed with high blood pressure 1976 put a claim in 1980 was denied several times since than , hypertension added to agent orange list, back pay should be back to 1980
We actually need you to “get into the nitty-gritty” of it so that we understand whether we should contact you. 🙄
Can I get an effective date 45 years ago. ? I was posioned and just found out. I have lived with disabilities that I thought I was born with and recently found out they are due to being posioned while on active duty. I also have discovered evidence the government has known I was posioned 45 years ago and never told me. I found out accidentally, Can my effective date be from when documents show the government (CDC) was aware?
Effective dates are generally based on date of claim and in some cases one year prior to date of claim. Not putting in a claim for 45 years is not going to work out well for you.
Jumping around too much. Within one year, reopen, more than one year....
The info is incomplete about presumptive diseases.that does not help. Your people should be more informed if they're going to be making statements about the subject.
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I fall into the category this video is speaking about, totally,,please send me an email address or how I can send you my cue letter to fully explain