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Roly

Effective Date, Dependent Spouse Inclusion

Question

Hello, Experts,

I was awarded 30% PTSD as of June 15, 2006, as a single Veteran, bringing my total compensation to 40% disability, (10% tinnitus since 2004). That was after I disagreed with their original Feb, 2008 effective date. In the same NOD where I disputed the effective date, I disagreed with the 30%, and stated that I should receive compensation for my dependent spouse and custodial granddaughters. I got the PTSD effective date amended several months ago, but the dependence issue was still under review, as well as the % of PTSD.

Three weeks ago I received a VA letter granting the spouse dependent, but denying the granddaughters because they were not adopted. OK, I understand this, but the spousal inclusion was effective as of Feb, 2008, which is when I sent in the NOD. I put in another NOD, via my Service Officer in the American Legion, saying that the spouse ought to be effective from June 2006, just like the PTSD, when I went above 10%. The 30% disagreement is still pending.

I spoke to my American Legion person, and she said they will only give me the dependent as of the time I asked for it, that my NOD will likely be denied.

Anybody have any information on this. Does not seem right.

Thanks, Roly

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They should back date it to the original award.

Good Luck and welcome to Hadit

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Do you have a copy of your original claim? Does it have your spouse on it? It's up to you, if it does and VA corrected their mistake it should go back to June 2006. I may be wrong but if you were awarded 40% back to 2006 that would have made you eligible for your dependent spouse. Since VA awarded your EED for 2006 you can always try and let them tell you yes or no and why.

Edited by pete992

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Tell your (AL) rep he is full of crap. Once they decide your disagreement onthe effective date and actually award you back to your original date, then the dependant comp will also fiollow suit.

It is hanging on the NOD you issued.

J

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J. Baser, and Two Petes,

Thanks for the responses.

I can hardly believe it, but I just opened a VA letter granting my spouse dependent benefit back to July 2006. Looks like I can expect about $1,600 back differential to show up soon.

My NOD was June 4, and today is 13 days later. Never saw such a turn around from them before.

Regards, Roly

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Very good news and Congrats

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