Reopened claims and effective dates

[killemall]

I opened a claim in 2010 for my knees and dpression and was denied in july of 2012

I then reopened the same contentions in june 2013 and was again denied in sep 2014

I then reopened the same contentions in august 2015 and I am awaiting the results

 

My question is.....If I was awarded service connection for my knees and depression....would my effective date go back to 2010 since I always refiled my claim within one year of getting my big brown envelope?

Thanks for any help

[broncovet]

Yes.  38 CFR 3.156(b) should do it, based on what you posted.  Your effective date should be to the beginning of the appeal period, 2010.  

 

(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of § 20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

Edited April 17, 2016 by broncovet

[killemall]

Thank you.

My bi lateral shoulders and right wrist claims were put in since 2010, but not sc untill 2014

 

My back pay was only from 2012 to 2014

 

So Im gonna see if based on what you have said that they owe me money back to 2010.

 

Thank you

[Kgosi]

This is a tough question with a lot of variables. A lot depends on why you were denied, and whether you submitted New and Material evidence with each resubmission. Another factor is how bad was your disability when you applied each time. For example, let's say I was an aircraft mechanic and around jet noise everyday and filed for hearing loss two years out of service. When tested my hearing loss is minimal and my claim denied. I resubmit evidence within a year showing my hearing loss is now 50%. The date the disability arose was not from the original date of claim, so the effective date would be from the date I resubmitted, not from the original date of claim. 

Now, if you submitted New and Material evidence that supported the original claim, and the VA had not previously considered that evidence then the date of claim would be from the original date of claim. A good example of New and Material would be information from a doctor that the VA was unable to retrieve medical records from.

[broncovet]

Two years of 70 percent retro is worth hiring an attorney for!

[killemall]

Thank you everyone.

From what I see through all my records..

 

I have been reopening my claims for my knees in a timely manner since 2009.

 

But most of the bbe's I received said my claims for knees is denied because I did not submit new evidence.

However, based on what you guys have said...I do think that if Im awarded for my knees...

 

The effective date could go back to June of 2013.

 

Three years even if only a 10% gain of 300 per month could talk on 10k in back pay.

 

Thank you for the help and I am pursuing this