The VA gave me IU and an increase on the same decision letter. Sounds great right but they only gave me back pay to the effective date of my employability date which was only 4 months. My increase raise my disability rating to 97% which put me at 100% P&T however they didn’t give me back pay of the effective dates that I filed for my disability. So they gave me both IU and service connection but now I’m restricted to work and they didn’t have to go back and pay back pay for 2 years. So file for increase or employability independently so the VA can’t minimize your service connection disabilities to just employability to the last dates you work.
I filed for chronic fatigue syndrome on January 27, 2021 and was awarded service connection at 60% under 3.309 presumptive on June 15, 2023. I filed it under 38 CFR 3.317 presumptive "PERSIAN GULF ACT." Tell me why the VA granted me service connection under the PACT ACT, which made my effective date August 10, 2022. The PACT ACT law had no bearing on my claim because all I needed was a diagnosis. That's why I was denied earlier because there was no diagnosis. However, on that same decision letter, they granted me service connection for Fibromyalgia at 20% under 3.317 PERSIAN GULF ACT. Also, CFS does not even fall under 3.309 presumptive conditions. They are really trying to screw me out of a lot of back pay.
They just did that to me on effective date saying that meniculs tear was noted on my second cp exam but then noted it was part of the regular injury and was missed by the first exam
Supplemental claims are there for when you DISAGREE with the rating decision. You have to provide NEW AND RELEVANT EVIDENCE in support of your supplemental claims. Supplemental claims are NOT claim for increases and they are not adjudicated as claim for increases. The rating decisions are based on the evaluation from the examiners and what the law allows. So when you file a supplemental claim you are essentially saying you DISAGREE with the rating decision and you have provided NEW AND RELEVANT evidence in support of your supplemental claim. Most supplemental claims are submitted when the Veteran disagree with an actual denial. However the POA does the Veteran a disservice when they tell the Veteran to file a supplemental claim for conditions that are ALREADY SERVICE CONNECTED Supplemental claims that are ALREADY service connected miss out on an earlier effective date because supplemental claims are not claim for increases. This means that if the prior rating decision that you disagree with was correct then the effective date would be the day the exam….AGAIN SUPPLEMENTAL CLAIMS ARE NOT CLAIMS FOR INCREASES In these situations an exam shouldn’t be ordered UNLESS the Veteran has submitted new and relevant evidence that is congruent with the higher rating criteria which the Veteran seldom does in this situation because they are listening to inexperienced power of attorneys. The issue is conflating two issues ;the rating decision and the exam that led to the rating decision. Regardless of how severe the condition the Veteran believes it is, the decision is based on what the exam shows and what the law allows. So before you file a supplemental claim for a conditions that are ALREADY SERVICE CONNECTED,review the exam results first and then decide if the decision was wrong. if the decision was correct based on the exam, then you will be better off filing a claim for increase. However if you look at your exam and if you were under evaluated by the rather or you have NEW AND RELEVANT EVIDENCE that show your condition warrants a higher evaluation around the time of your original claim then file a supplemental claim. Otherwise supplemental claim works best for Veterans who are trying to seek service connection Claims for increase works best for already service connected conditions The POAs really do a poor job explaining how this works.
My advice don't do that I had filed a brand new claim with one new condition and 3 old conditions 11 months in the BVA got involved and filed a supplemental for me didn't notify me I did the wrong form until 11 months in and screwed me on over a years worth of backpay
What I would like to know is why it takes so darn long for the VA to send out file requests??? Especially if the veteran has been in the system and had current disability ratings issued. Why does it take 6 MONTHS+ to copy a file to a CD and mail it? Not including STRs, the VA should have C&P exams, C-file, etc. already available and ready (since they use these to determine claims) so why does it take so darn long to send them out? Makes ZERO sense! And the argument of "they have lots of requests" is invalid! It is click on file, copy, paste, and mail. Period!
This is an issue with PRESUMPTIVE SERVICE-CONNECTION. The VA has proven that they willfully, knowingly and deliberately neglect to test, diagnose and treat many medical conditions. In my case I was complaining about things to the VA but it was not until I (A. had the insurance to go OUTSIDE the VA and B. I was diagnosed OUTSIDE the VA). The decades that the VA REFUSED to diagnose causes Veterans to have their clock not start until much later or too late. PRESUMPTIVE SERVICE-CONNECTION should AUTOMATICALLY be back dated to EAS.
Additional to this, if you file an intent to file a couple days after your original claim is accepted, and end up filing a supplemental on that original claim, the VA will poach your intent to file for the supplemental, taking it off the table. Seems to be hit or miss whether this gets fixed without having to go to court. Just found out it happened to me. With all the rating schedule changes and ITFs, wanted to throw that out there.
Yes, this is accurate for me too. I appealed with supplemental and higher level review. The decision letter never actually addresses that the ITF date was poached.
“The effective date of this grant is April 2, 2024. Entitlement to an increased evaluation has been established from the date of the medical evidence showing an increase in disability. When private medical evidence showing an increase in disability is received within one year of the date of the evidence, the effective date of the increase is the date of the evidence. (38 CFR 3.400)”. I need some help breaking it down, so ITF(November 15, 2023) doesn’t matter in this case? Yes I did submit a private DBQ (April 2, 2024). Just trying to understand if I need to do a HLR or not.
You hit the nail on the head. 1. I filed February 17th 2024, mental health. 2. CNP March 28th 2024, received the decision April 6th 2024, granting 30%. 3. I called the VA, the hotline told me to file a supplement So..... I filed a supplement April 8th 2024 along a support of claim stating I disagreed with the percentage granted. 4. May 16th CNP, May 20th I I was granted 70%. 5. The start date was June 1st 2024. It appears I will fail, however * I just filed a higher level review today, June 4th 2024 asking to consider it'd be back dated to February 17, 2024. * I have searched the internet using artificial intelligence and Google and never came across your video, *I will be calling your office next week to set up some sort of teleconference. I live in the state of Florida, I would rather pay you a percentage than to continue doing it myself. Watching and reading your kinesiology, your confidence and knowledge is second to no one. I've yet to watch a video or speak to a person that commanded my attention. Great job
A claim last February for foraminal narrowing and many other back conditions was reorganized in the file with two disappearing entirely and I was told to file more recently for a specific upper radiculopathy condition . The original was unable to be taken out but benefits were awarded for the recent claim. The year old claim is still in process so I am hesitant to poke the bear. It is amazing how the VA disputes be year of back pay ( even using duty to assist) when the issue has been ongoing for over 20 years. Just saying.
What about this: Filed NOD (legacy claim) for increase of SC disabilities. VA Inferred a claim for TDIU. NO Rating Decision for increase and denied Inferred TDIU. Thirteen months later VA adds a SOC in C-file for the NOD??
Fought the VA for benefits for 10 years...VA won. I finally gave up...PTSD, and combst injuries dont count as disabilities i guess if your 11B30 for 17 years.
Unfortunately to the va, combat or not, if you don't have documentation, or never went while in to get it checked out for a chronic issue they will deny. Try again, maybe see about if the vfw can help you resubmit and go through the process, if you've had medical treatment for a injury that occurred in the military submit those records as well. If it's an injury from while deployed try and get a lay statement from your buddies you deployed with, if you have a picture of yourself in theater that's even better.
Yes!!! They screwed mine up!! I filed a HLR
Diddo. Had to call my congresswoman to get it flowing faster. The jacked mine up hard corps.
The VA gave me IU and an increase on the same decision letter. Sounds great right but they only gave me back pay to the effective date of my employability date which was only 4 months. My increase raise my disability rating to 97% which put me at 100% P&T however they didn’t give me back pay of the effective dates that I filed for my disability. So they gave me both IU and service connection but now I’m restricted to work and they didn’t have to go back and pay back pay for 2 years. So file for increase or employability independently so the VA can’t minimize your service connection disabilities to just employability to the last dates you work.
I filed for chronic fatigue syndrome on January 27, 2021 and was awarded service connection at 60% under 3.309 presumptive on June 15, 2023. I filed it under 38 CFR 3.317 presumptive "PERSIAN GULF ACT." Tell me why the VA granted me service connection under the PACT ACT, which made my effective date August 10, 2022. The PACT ACT law had no bearing on my claim because all I needed was a diagnosis. That's why I was denied earlier because there was no diagnosis. However, on that same decision letter, they granted me service connection for Fibromyalgia at 20% under 3.317 PERSIAN GULF ACT. Also, CFS does not even fall under 3.309 presumptive conditions. They are really trying to screw me out of a lot of back pay.
They just did that to me on effective date saying that meniculs tear was noted on my second cp exam but then noted it was part of the regular injury and was missed by the first exam
Supplemental claims are there for when you DISAGREE with the rating decision. You have to provide NEW AND RELEVANT EVIDENCE in support of your supplemental claims. Supplemental claims are NOT claim for increases and they are not adjudicated as claim for increases.
The rating decisions are based on the evaluation from the examiners and what the law allows.
So when you file a supplemental claim you are essentially saying you DISAGREE with the rating decision and you have provided NEW AND RELEVANT evidence in support of your supplemental claim.
Most supplemental claims are submitted when the Veteran disagree with an actual denial.
However the POA does the Veteran a disservice when they tell the Veteran to file a supplemental claim for conditions that are ALREADY SERVICE CONNECTED
Supplemental claims that are ALREADY service connected miss out on an earlier effective date because supplemental claims are not claim for increases. This means that if the prior rating decision that you disagree with was correct then the effective date would be the day the exam….AGAIN SUPPLEMENTAL CLAIMS ARE NOT CLAIMS FOR INCREASES
In these situations an exam shouldn’t be ordered UNLESS the Veteran has submitted new and relevant evidence that is congruent with the higher rating criteria which the Veteran seldom does in this situation because they are listening to inexperienced power of attorneys.
The issue is conflating two issues ;the rating decision and the exam that led to the rating decision. Regardless of how severe the condition the Veteran believes it is, the decision is based on what the exam shows and what the law allows.
So before you file a supplemental claim for a conditions that are ALREADY SERVICE CONNECTED,review the exam results first and then decide if the decision was wrong.
if the decision was correct based on the exam, then you will be better off filing a claim for increase.
However if you look at your exam and if you were under evaluated by the rather or you have NEW AND RELEVANT EVIDENCE that show your condition warrants a higher evaluation around the time of your original claim then file a supplemental claim.
Otherwise supplemental claim works best for Veterans who are trying to seek service connection
Claims for increase works best for already service connected conditions
The POAs really do a poor job explaining how this works.
Great info sir. I was going to do a supplemental on OSA that was denied in 2022/2023. Now I guess I’ll just file as a new claim.
My advice don't do that I had filed a brand new claim with one new condition and 3 old conditions 11 months in the BVA got involved and filed a supplemental for me didn't notify me I did the wrong form until 11 months in and screwed me on over a years worth of backpay
great info Andy
What I would like to know is why it takes so darn long for the VA to send out file requests??? Especially if the veteran has been in the system and had current disability ratings issued. Why does it take 6 MONTHS+ to copy a file to a CD and mail it? Not including STRs, the VA should have C&P exams, C-file, etc. already available and ready (since they use these to determine claims) so why does it take so darn long to send them out? Makes ZERO sense! And the argument of "they have lots of requests" is invalid! It is click on file, copy, paste, and mail. Period!
It's almost like they purposely don't want vets to have accurate, timely info to appeal their...let's call them "poor" decisions.
From my experience it's bc the only thing currently in the C-file is C&P exams.
So where do we get request our str?
This is an issue with PRESUMPTIVE SERVICE-CONNECTION. The VA has proven that they willfully, knowingly and deliberately neglect to test, diagnose and treat many medical conditions. In my case I was complaining about things to the VA but it was not until I (A. had the insurance to go OUTSIDE the VA and B. I was diagnosed OUTSIDE the VA). The decades that the VA REFUSED to diagnose causes Veterans to have their clock not start until much later or too late. PRESUMPTIVE SERVICE-CONNECTION should AUTOMATICALLY be back dated to EAS.
Additional to this, if you file an intent to file a couple days after your original claim is accepted, and end up filing a supplemental on that original claim, the VA will poach your intent to file for the supplemental, taking it off the table. Seems to be hit or miss whether this gets fixed without having to go to court. Just found out it happened to me.
With all the rating schedule changes and ITFs, wanted to throw that out there.
Yes, this is accurate for me too. I appealed with supplemental and higher level review. The decision letter never actually addresses that the ITF date was poached.
@asmith3436 Hope it goes well for you. Ticks me off how they blatantly interfere with the prosecution of claims and have zero consequences.
This happened to me as well recently but didn’t want to mess with it and go through more stress
“The effective date of this grant is April 2, 2024. Entitlement to an increased evaluation has been established from the date of the medical evidence showing an increase in disability. When private medical evidence showing an increase in disability is received within one year of the date of the evidence, the effective date of the increase is the date of the evidence. (38 CFR 3.400)”. I need some help breaking it down, so ITF(November 15, 2023) doesn’t matter in this case? Yes I did submit a private DBQ (April 2, 2024). Just trying to understand if I need to do a HLR or not.
You hit the nail on the head.
1. I filed February 17th 2024, mental health.
2. CNP March 28th 2024, received the decision April 6th 2024, granting 30%.
3. I called the VA, the hotline told me to file a supplement So..... I filed a supplement April 8th 2024 along a support of claim stating I disagreed with the percentage granted.
4. May 16th CNP, May 20th I I was granted 70%.
5. The start date was June 1st 2024.
It appears I will fail, however
* I just filed a higher level review today, June 4th 2024 asking to consider it'd be back dated to February 17, 2024.
* I have searched the internet using artificial intelligence and Google and never came across your video,
*I will be calling your office next week to set up some sort of teleconference. I live in the state of Florida, I would rather pay you a percentage than to continue doing it myself.
Watching and reading your kinesiology, your confidence and knowledge is second to no one. I've yet to watch a video or speak to a person that commanded my attention. Great job
Thanks 😊
Who did not think it would have been this way it the gov
A claim last February for foraminal narrowing and many other back conditions was reorganized in the file with two disappearing entirely and I was told to file more recently for a specific upper radiculopathy condition . The original was unable to be taken out but benefits were awarded for the recent claim. The year old claim is still in process so I am hesitant to poke the bear. It is amazing how the VA disputes be year of back pay ( even using duty to assist) when the issue has been ongoing for over 20 years. Just saying.
What about this: Filed NOD (legacy claim) for increase of SC disabilities. VA Inferred a claim for TDIU. NO Rating Decision for increase and denied Inferred TDIU. Thirteen months later VA adds a SOC in C-file for the NOD??
This is continuous pursuit - plain and simple.
So does the intent to file date mean anything?
Can you comment on claims that are risen by the record?
Anyone surprised?
Sooo.... basically the whole point of the intent to file vs effective date... is what they feel is right. Not what should be. This is garbage.
Fought the VA for benefits for 10 years...VA won. I finally gave up...PTSD, and combst injuries dont count as disabilities i guess if your 11B30 for 17 years.
Unfortunately to the va, combat or not, if you don't have documentation, or never went while in to get it checked out for a chronic issue they will deny. Try again, maybe see about if the vfw can help you resubmit and go through the process, if you've had medical treatment for a injury that occurred in the military submit those records as well. If it's an injury from while deployed try and get a lay statement from your buddies you deployed with, if you have a picture of yourself in theater that's even better.
@@scotimotti keep up the fight.