Possible Incorrect % Disability Effective Date

[chrisw]

I first wanted to say thank you to everyone that is involved in keeping this forum going. It's a great wealth of information. I wish I new about it several years ago.

I've got a question about the effective date of a claim.

I filed a VA disability claim for migraine headaches back in November 2008 and received my results of service connected with 0% in July 2009 effective November 2008. I felt 0% was not commensurate and sent the VA a request for reconsideration in August of 2009 along with some new medical evidence. I recently received my results and they granted me 30% but they put the effective date of August of 2009. Is this correct? Since it was a request for reconsideration I thought my effective date would remain November 2008.

When I filed my request for reconsideration I also mentioned that I would be requesting an increase in compensation for another service connected disability. Do you think that since I mentioned this they lumped them together as a new claim?

One other thing I wanted to mention is some of the medical evidence I submitted with the request for reconsideration was after original effective date of July 2009. Would the new medical evidence have anything to do with the effective date? Can I only appeal the effective date?

Also, I'm going to appeal the percent disability on something else. Would it be best to group the appeals together?

[jbasser]

They treated it as an claim for increase instead of a NOD or reconsideration.

Now did they rate on the same criteria that they rated the Zero percent?

They love doing this and it gives many Vets Fits.

Sharon should post on this one as I feel she will have some real good insight.

Anyway, the evidence holds the Key. When did you become eligible for 30 percent? When they assigned Zero, did you meet the criteria for 30?

You may want to file a NOD on the effective date if the 30 percent criteria was warranted when t hey gave you o percent.

J

Edited August 11, 2010 by jbasser

[sharon]

Did they address the reconsideration in you decision? You can always file for an earlier effective date vs a NOD. It takes less time. The increase may be based on the medical evidence you used for the reconsideration. Post the decision and the question and be better addressed.

[Testvet]

the VA does this more often than not, since you added new evidence dated after the initial decision they are using the date you submitted the "new" records as the effective date which you brought into play by adding new evidence to the claim their response will be that before August 09 you were 0% rated in August when you submitted the new info you were granted the 30% rating due to the new medical info supplied by you they did their job in their view

if you plan on filing more than one appeal or ask for a higher rating on other issues it is best to do them all at once having open 2-5 different claims or appeals is just going to confuse you and the VARO and that is NOT something you want to do they may award one or 2 issues ignore the rest and in 2 years you will learn that they denied those issues and now you will need new evidence to reopen them the VA learns all sorts of ways to deny claims without putting it in writing and I think they call it "deemed denial" if a veteran is not watching dates and award letters they can get really creative

keep track of all the paperwork you submit and get dated copies of all paperwork you submit it may come in handy for you in the future if you have to appeal or get their attention to dig out your c file after they sent it to records because they "closed it"

[chrisw]

Thanks for all the replies. Sorry I didn't get additional information posted until now.

He decision stated “You submitted a claim for increase in your headaches stating stat you suffer from incapacitating episodes”. It then goes on to list all the new medical evidence. Again, all the new medical evidence was dated after my initial decision of November 2009. It then goes on to explain a 50% evaluation, and a 30% evaluation and why they chose 30%. The last sentence states “The increased evaluation is granted effective September 2009, the date of the claim for increase”. It never mentions the request for reconsideration.

I looked back at a copy of the letter I sent the VA for the request for reconsideration and I put at the top of the letter the subject line “Request for reconsideration for migraines” and then in the body of the letter one of the first sentences was “Please accept this document as a request for reconsideration for my migraine headaches, rating decision x date.

Even if they felt an increase wasn't warranted until I submitted the new evidence shouldn't they have addressed the request for reconsideration and states something to the effect that a 30% rating was not warranted back to the original claim but an increase in rating is granted based on new medical evidence.

Is the effective date the VA came up with correct, if not, is it worth pursuing to file a NOD for the effective date.

[Berta]

"Is the effective date the VA came up with correct, if not, is it worth pursuing to file a NOD for the effective date."

Yes, if your medical evidence warrants it by all means file a NOD.

Sometimes the VA wont even act on a Request for Reconsideration within a year time frame and so filing the NOD within one year after the decision is crucial.

How did they refer to the new evidence in this letter as far as considering it?

[chrisw]

Berta,

Thanks...After looking at the original medical evidence submitted, it may not have warranted a 30% rating and the new medical evidence definitely did support a 30% rating. If the one year is from the original decision that came and gone back in July.