redcatcher69

I plan on submitting the letter below to the VA for reconsideration of "effective date". The attached letter I referenced is not part of this post, it is a standard form letter that comes with the forms necessary to file a claim. Has anyone had a similar issue as me? Do I have a legitimate request? Your comments would be appreciated. Thanks Dear Sir: I am requesting retroactive compensation to November 12, 2003. The request is based on the attached letter I received dated November 12, 2003. I had called the 1-800-827-1000 and told the person I wanted to file a claim for disability and they sent me the appropriate forms This was prior to the dated letter I have attached but I discarded the envelope the forms came in, and do not have any proof of that date. It was not long before the above day. I am requesting the compensation starting date be November 12, 2003. The effective dated I was granted is May 13, 2004, with a payment start date beginning the first day of the following month, which was June 1, 2004. Using this procedure to determine the start date I believe the effect start date should be December 1, 2003. This represents an additional six months. The above request is based on 38 CFR, and reads as follows: PART 3—ADJUDICATION Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation Claims § 3.155 Informal claims. (a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. If received within 1 year from the date it was sent to the claimant, it will be considered filed as of the date of receipt of the informal claim. (:( A communication received from a service organization, an attorney, or agent may not be accepted as an informal claim if a power of attorney was not executed at the time the communication was written. © When a claim has been filed which meets the requirements of §3.151 or §3.152, an informal request for increase or reopening will be accepted as a claim. " your consideration in this matter is appreciated. Respectfully,