Inferred Claims/effective Dates

[Vync]

Inferred claims/effective dates

This might be a bit wierd...

Regarding inferred claims and effective dates, I understand that if you seek medical treatment within 12 months of your claim request, then the EED is the date when treatment was sought.

Given this hypothetical situation, what would be the effective date?

Jul 2007 - Office visit, condition diagnosed, prescribed monthly medication to treat condition

{insert 3-4 VA telenurse refill calls}

Aug 2009 - Office visit for condition

Oct 2009 - Filed claim for condition

The medication refills were requested every month and renewed via VA nurse line as needed.

Would the effective date be Jul 2009, Aug 2009, a VA telenurse refill call between Oct 2008 and Jul 2009, or by oldest date where refills were received?

I'm curious if the VA defines the inferred date based on an office visit, telenurse refill calls, or merely because the Vet was receiving medication for the condition (i.e. receiving treatment).

Thanks

[carlie]

Because they attempt to restrict the regular VA docs from writing nexus statements "because that is the job of the BVA C&P examiners", the developing part amounts to record requests and diagnostic exams.

Vync,

If you have a fairly decent relationship with a VA doc and take in some documentation,

I have found several are willing to enter something into your progress notes

or write a letter of support for claims purposes.

The VA docs that don't have decent relationships with their patients - I don't deal with.

The BVA doesn't have any C&P examiners ? ? ? ?

carlie

[Vync]

One of my VA docs documented a strong nexus ("is due to") for one of my conditions. I think I was really lucky because the doc had the bedside manner unlike any other VA doc. I thought I was actually seeing a civilian doc.

I might need to change my VA primary care provider. My current doc provides good treatment, but what he says to me and what he writes down are usually not the same.

I'm sorry, I meant VBA, not BVA. I was thinking about VA Directive 2008-071 (d)(1 and 2) (http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1790). My fault there.

Sorry, I am fighting a migraine this afternoon. Just took some meds to make it go away.

[carlie]

I might need to change my VA primary care provider. My current doc provides good treatment, but what he says to me and what he writes down are usually not the same.

Vync,

You could give him a chance to redeem himself by asking him

how and why this is happening.

If he doesn't provide a satisfactory answer then consider a change PCP's.

One thing to keep in mind when requesting a change in providers is that

you might end up with a worse provider ~ lol.

carlie

[vaf]

Inferred claims/effective dates

I'm curious if the VA defines the inferred date based on an office visit, telenurse refill calls, or merely because the Vet was receiving medication for the condition (i.e. receiving treatment).

Thanks

The 2009 VBA manual on page 1455 discusses "inferred claims." It states that the The Court of Appeals for Veterans Claims in several decisions stated that the VA has a duty to determine all potential claims raised by the evidence, applying all relevant laws and regulations (Roberson v. Principi, 251 F.3d 1378, 1384 (Fed. Circuit 2001); Ingram v. Nicholson, 21 Vet. App. 232 (2007). The Federal Circuit has held on several occasions that the decision in Roberson v. Principi requires the VA to give a sympathetic reading to the veteran's filings by determining all potential claims raised by the evidence and applying relevant laws and regulations (Corner v. Peake, 552 F.3d 1362 (Fed. Cir. 2009)

I would argue that the effective date of the inferred claim would be the same date that the VA had its hands on the evidence that supports that claim. That could be service medical records, a routine office visit at the VA, the date the VA received non-VA medical records in support of a claim, or a C & P exam that may reveal evidence of that condition, even it if wasn't the purpose for the C & P exam.

[john999]

VAF

You know they never do that. If they did that then all the vets on SSD who the VA rates 30% should be inferred as having a claim for IU. They just refuse to do it. As soon as the Voc Rehab says a vet can't be rehabilitated they should be inferred as IU. They don't do that either. I agree 100% with your post.

[Spadoman]

This is all very interesting. I did a web search for the definition of an inferred VA claim and it brought up this p[ost, so I'll ask my questyion here.

I have a claim going on right now for a rating in a Nehmer case. I was denied Service Connection for Heart Disease in 2000. I filed for Service Connection for heart disease again in 2010 after the Agent Orange rulings. I have been 100% since 2001. Since my Ejection Fraction is 44%, I am expecting 60% disability and SMC-S retro payments. It may or may not happen this way, but looks like it will.

That said, as I sit around many a sleepless night at the computer going back to check to see if the VA deposited money in my bank account or updated my Ebenefits data, I read and research the forums and reports about VA claims in general.

I came across the Inferred Claim.

What is an inferred Claim?

One post has me believing that If I filed a claim for something, and another disease was mentioned, the date of that filed claim would be the date of a claim for the disease mentioned.

I claimed Service Connection in 1993 for PTSD. In the C&P, (which I have a copy), the report mentions that I have had a heart attack. This claim and C&P was done at the Grand Junction, CO VA in 1994. I was in the Grand Junction VA in 1993 with the heart attack, so, they had the record of my heart disease when they were checking me for PTSD.

Can I claim the 1993 date as my start date for Heart Disease under Agent Orange as an inferred claim?

Thanks for any information or definitions about this dubject.