Jump to content
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0

Question On Effective Date


I posted the other day that I was still waiting for my favorable portion of the BVA decision. This decision was "stuck" at the AMC with other remanded issues. I just spoke with someone at the 800 number and was informed that a new entry was posted with today's date (23rd), and that it was now at authroization.

I wanted to ask a question concerning the effective date (obviously jumping the gun, but curious none-the-less).

All little background. I originally filed for service connection in 2003. I was notified in 2006 that I had been granted service connection (at the % that made me eligible to file for TDIU), and this was made retro back to 2003. Then, after receiving this favorable decision I filed for TDIU (3 weeks later). I became unemployable in 2000 (by SSDI) solely due to this condition (medical documentation from doc was a part of my file when I filed in 2003 stating that I was no longer employable), but VA only granted 70%. Anyway, I wanted to ask what my effective date would be?

Would it go back to 2003? (since I was not notified of the favorable decision making me eligible to apply for TDIU until 3 years later: remember it was retroed back to 2003). Or, could it possibly go back to the date placed on SSDI solely due to the same condition due to the documentation from doc that was part of the file at the time of the original filing?

I am concerned that they will only go by the date on the IU claim form of 2006, but I could not have filed until I received the decision giving me the necessary % (original claim was for service connection).

Sorry for the long post, but any input would be appreciated


Share this post

Link to post
Share on other sites

Recommended Posts

You filed for and was granted SSDI in 2000 but you did not file for VA SC until 2003. Why?

If a claim has not been filed then the VA has no obligation to pay comp because they have no idea that you want to claim.

Now if when you filed for SC in 03 you were already SC for something else and mentioned IU (even though you did not have the %) you might have a shot at getting a start date of 03 but because you waited until 06 when you were finally awarded 70% and met the %. The VA I would think will only grant your claim back to the date it was filed which would be 06.

That being said this is only my opinion but I think you are hoping beyond hope on getting the 2000 date when there was not even a claim filed. You might get 03 but that to is going to be a reach if you did not mention that you were unemployed at the time. If you did THEN you could get 03 but that is going to be your best I think.

Good luck though and let us know how it pans out!?

Share this post

Link to post
Share on other sites


Wow, I think if you filed a claim in 2003 and informed VA that you were unemployed and or awarded SSDI, then your retro should go back to 2000. Your post stated that you filed in 2003 and VA finally awarded your claims in 2006. Did VA request your SSA records and if they are in your VA C-File then VA should pay the earliest date that you became unemployable which is 2000.


Edited by pete992

Share this post

Link to post
Share on other sites

Thanks for the replies

The VA does have the SSA records, so I guess we will see what effective date they come up with. The TDIU was granted by the BVA and the BVA decision even references the SSDI, and doctor statements (unemployable) from 2000 that was granted solely for the SC condition.

Would the records from the doctors (that were a part of my file when I first applied for sc) that stated I was unemployable in 2000 (which put me on SSDI) equate to an inferred claim for IU when they granted the 70% in 2003?

Will post the results.


Share this post

Link to post
Share on other sites

3.400 Effective dates: Date entitlement arose or the date claim was filed whichever was later. In your case if a VA doc stated you were uneployable and they have this evidence then you should NOD the decision and ask for an earlier effective date. ALso remember there are several paragraphs that superceed 3.400.

Edited by jbasser

Share this post

Link to post
Share on other sites

"Would the records from the doctors (that were a part of my file when I first applied for sc) that stated I was unemployable in 2000 (which put me on SSDI) equate to an inferred claim for IU when they granted the 70% in 2003?"

I would think so.If the VA was also aware of the SSA award.

VA hinges on the filing date of the 21-8940 form in most cases for EED and retro but there is topic I posted here about the "date entitlement arose" which could help you.

It is hard to know what the VA will do in your cases as to the proper EED.

This discussion might help you-

I always give my husband as personal example of how 'when entitlement arose' works.

Filed claim for higher rating of his 30% SC PTSD in late 1992. Filed Sec 1151 claim in 1994.

Sent TDIU form in late 1992 or early 1993,

Sent SSA award in 1993 solely for PTSD.

He died 1994, claims re opened by me. denied denied denied- fought them with evidence

Awarded 100% SC P & T PTSD posthumously 1997 with an EED back to 1991.Sec 1151 claim awarded in 1998.EED 1994.

Nov 1991 was his EED for VA 100% SC-the VA used the same date that SSA did to determine when SC caused unemployability.

They never acknowledged the TDIU form at all. They can't really award a deceased vet TDIU so I guess this is why they awarded him 100 % P & T .

I feel that even when the date entitlement arose is prior to their receipt of the TDIU form (another reason we should send it and not wait for them to send it to us-as they save money when the use the 70% criteria to send it out)-

and this favorable entitlement date could be evident by a SSA award for the same disability-

the VA hardly ever recognizes the entitlement date could be more favorable that the TDIU form receipt date- and even if they do- they dont award it and hope we do not challenge this date.

In my husband's case the evidence was so clear that they could not have gotten away with the TDIU receipt form date.They never even acknowledged he sent it in.The VA also wrote to 2 Senators and my Congressman that SSA had refused to send them his SSA records,after I questioned a SOC denial I got. It was a lie.When I found out about this VA lie I made a major fuss,and soon thereafter they awarded him posthumously.

The SSA were crucial to his claim and so VA had every reason to make up a big one. The reality is his authorization forms for his SSA records remained in his file for almost 6 years - 3 years after he died but the VA never attempted to get those records.Until I raised hell when they lied to congressional inquirys. I had re-opened his 1151 claim and also filed a FTCA tort claim and was sending them and the OGC continuous evidence of their malpractice at same time I was supporting the 100% SC claim so they were not happy with me at all.They admitting to causing his death shortly after the 100% posthumous award came.

It pays to double check on SSA records and whether the VA follows through with attempting to obtain them.

An SSA award is in essence an independent medical opinion and if solely for the same SC condition,the VA MUST award TDIU or 100% SC (Washington V Derwinski) tp://www4.va.gov/vetapp03/Files/0310533.txt

Edited by Tbird
added link to Washington v Derwinski

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Advertisemnt

  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 17 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:


      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.

      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.

      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

      Leading to:

      Post clear questions and then give background info on them.


      A. I was previously denied for apnea – Should I refile a claim?

      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?

      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.


      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies

Important Information

{terms] and Guidelines