Va Does Compensation Date Begin At The Onset Of Condition

[mountain tyme]

I am in one of those rare moods today so I have a question. If the VA doctor determines that the veterans condition is clearly caused by a service connected incident and that the condition was NOT in no way pre existing prior to entering the military and that after military service that there is no incidents that would have caused the condition (va grants s/c). How would the VA determine the date of compensation if the VA doctor states that the condition is chonic and the injury began at the time of the occurace and was not detected at time of discharge because there was no out processing physical or evaluations.

that is my question.

mt

[Vike17]

Generally, the effective date of any compensation being paid is the date of the claim, unless the claim is filed within one year after seperation. In this case the effective date will be the date of seperation instead of the date of the claim.

Vike 17

[Berta]

Vike is correct of course-

in some cases the vet can even squeeze a little more out of them- depends on many factors-

all medical---

If a vet gets SSA for a condition and then the VA awards-sometimes they will use the SSA date as a retro-as they did in my husband's case-

The medical evidence revealed 100% SC a year prior to his date of filing the claim.

Nehmer vets- a different scenario-

I have posted this all before here-

If a Veteran gets an AO condition SCed-and had been denied in the past for the same condition-

and has the disability listed as NSC on a past rating sheet-

depending on the AO disability and date of its reg publication and other factors- the veteran could potentially be eligible for MUCH MORE retro.

When VA defied the Nehmer Court Order and Stipulation, NVLSP found they had snookered millions of dollars in retro from AO veterans and AO widows.

The VA had to cough up the cash.

Again it all depends on the award-the AO disability-other factors-

this info is here and at the NVLSP web site under the Retroactive payments Under Nehmer posts.

There is no time limit to file for addition AO retro on AO disability awards.

Example from Page 630 VBM 2006 edition (NVLSP)

Incountry Vietnam Vet files claim on Jan 1, 1986 for NHL (non Hodgkins lymphoma).

VA denies a few months later.

Vet then files a second claim for NHL in 1992.

VA grants as this is an established AO disability.

The effective date for the retro award is January 1, 1986.

(Once VA makes proper AO death award to me -I have not even considered how this will play into Rods past claims-he showed evidence by medical documentation of DMII due to AO as far back as 1988 and incurred additional disabilities and death due to its complications.Since he had been misdiagnosed he could not claim what he did not know he had.

no wonder NVLSP says they never saw a claim like mine before)

Nehmer and the VCAA are the most important VA decisions in my lifetime.