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First time poster. Forgive me if it’s not very good!
I want to find out the best way to attack a claim and EED issue. I have informally and formally requested a nerve condition claim (mainly neck, arm and hand). The condition was in my service medical records and missed or ignored when I got denied for the back, neck and shoulder issues back in 1996. Since separation, I have sent them several documents stating that I have a nerve problem. The American Legion has sent them a request to adjudicate the nerve condition. It is also mentioned in a SSOC and on a C & P exam. I believe that I have an extremely strong case on the service connection part. On the EED, should I just file the claim knowing that I will appeal or fight it on CUE? or is there a way to fight for the EED in the initial claim request?
I have been reading the court proceeding on Implicit denial and pending claim doctrine. I still can’t figure out if there is a way to get the EED upfront without the long drawn out CUE or appeal process.
Thank you all for the information on the site and the hours many of you put into making it better everyday. I hope to be an aid to someone some day.
Atlcocky- I agree with Broncovet. The order in which you need to attack this is crucial. You must get service connection first, then correct percentage, and lastly EED. I’m trying to get my EED back to a claim from 1993. I submitted a claim back in 1993 with two issues on it but they only addressed one. Fast forward to 2013. I resubmitted a claim for the same issue that was ignored and it was grated. Now I’m fighting trying to get that EED back to 1993. This is a 5 figure back pay! It’s currently at the board.
In a previous post, I talked about the only 2 legal processes through which a Veteran can raise a claim for an Earlier Effective Date. While there are 2 legal processes to pursue an earlier effective date, there are several legal theories that can be used in those processes.