recdir Posted April 29, 2016 Share Posted April 29, 2016 How far back or how many years back will the VA go to for a Earlier Effective Date? Link to comment Share on other sites More sharing options...
1 HadIt.com Elder Buck52 Posted April 29, 2016 HadIt.com Elder Share Posted April 29, 2016 There are only two ways to establish an earlier effective date after a decision has become final: (1) by establishing a "Clear and Unmistakable Error" was made or (2) by submitting official service department records that existed, but were not considered, in a decision. See 38 U.S.C. §§ 5109A, 7111; 38 C.F.R. §§ 3.156(c); 20.1403. As discussed elsewhere in this Knowledge Book, CUE is a "very specific and rare kind of error" that has special pleading requirements. Section 3.156(c), however, is fairly straightforward. If VA or a claimant discovers a service department record, such as a service record, service medical record, or unit report or log, and it is relevant to a previous decision, VA must reconsider that decision. If reconsideration of the claim with the newly found record results in an award, the effective date of that award is the date that the originally denied claim was submitted, no matter how far back. 38 C.F.R. § 3.156(c)(3). THOMAS89031 1 Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted April 29, 2016 HadIt.com Elder Share Posted April 29, 2016 Usually until the appeal period time is run out...other wise you would basically need a CUE or find an error the VA committed to continue for the EED. jmo .............Buck Link to comment Share on other sites More sharing options...
0 Guest Posted April 29, 2016 Share Posted April 29, 2016 The Effective Date is a strange animal because it really depends on the evidence of record, the evidence that VA had in their possession at or before the rating decision and how far are you willing to fight VA. Link to comment Share on other sites More sharing options...
0 pwrslm Posted April 29, 2016 Share Posted April 29, 2016 It all depends on the claim. EED's are based on evidence. Lots of information here; http://helpdesk.vetsfirst.org/index.php?pg=kb.page&id=1965 Link to comment Share on other sites More sharing options...
0 Berta Posted April 30, 2016 Share Posted April 30, 2016 Right and also understanding the VA's concept of "Date Entitlement Arose." That concept is searchable here at hadit. I have seen some extraordinary EEDs awarded by BVA that go back many decades. Some of those cases are posted here in the CUE forum which also includes I believe some 38 CFR 3.156 winners. Example: My husband applied for higher rating of his PTSD (1992, 1993) forget when. He also applied for SSDI within one year after filing that claim and was awarded SSDI solely for PTSD within a few months. After he died, I had to start from day one (in those days) as his survivor and he told me to make sure I continued his 2 claims if he died...I mean he said if they kill him...he meant his 1151 claim pending as well. I already discussed the 1151/FTCA here many times. They did kill him. The "Date Entitlement Arose "for him was Nov 1, 1991,per SSDI based solely on his VA medical and psychiatric records. When VA finally adjudicated the PTSD claim properly ( lots of BS went on first) 3 years later, their posthumous award used not the date he filed this this claim but the 1991 favorable EED due to the SSDI award for 100% P & T PTSD. I am simplifying this without the regs they used but they are here available under a search for Date Entitlement Arose. Link to comment Share on other sites More sharing options...
0 Berta Posted April 30, 2016 Share Posted April 30, 2016 The 1151 claim was awarded as well.....forgot to mention that.... and the Date Entitlement Arose was important to my AO IHD death claim. Link to comment Share on other sites More sharing options...
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recdir
How far back or how many years back will the VA go to for a Earlier Effective Date?
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There are only two ways to establish an earlier effective date after a decision has become final: (1) by establishing a "Clear and Unmistakable Error" was made or (2) by submitting official service d
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