Effective Dates

[free_spirit_etc]

" (2) The effective date of an award of increased compensation

shall be the earliest date as of which it is ascertainable that an

increase in disability had occurred, if application is received

within one year from such date."

So - is this talking about an increased RATING for something that was already granted SC --or increased compensation - in general.

In my husband's case - If he was 20% Service Connected on his back and knee - but recieves an increased COMPENSATION based on his cancer -- can the claim go back to the date it can be shown the increase in disability occured - if he filed within one year of that date?

With all the talk of Congress being specific where Congress intended to be specific --

Is an increase in disability only increased ratings in disabilities already SC'd? Or does an increase in disability also include percentage of disability increasing due to an additional Service Connected condition?

Free

Free

[Vike17]

Ricky,

Carlie is correct. In your senario you presented it would be the date eof the claim, January 30, 2004. Even if the veteran had some sort of medical documentation showing the disability actually increased in severity on January 15, 2004, it wouldn't result in a higher amount of compensation because payments would start on February 1rst in both cases.

Vike 17

[Ricky]

Vike - thanks. I have seen several claims from my RO in which they attempted to begin the effective date the date of the C&P exam because there was no medical documentation showing the increase until the C&P.

I fully understand the need for medical evidence but do not feel it is the vets fault if the VA can not offer a C&P until 12,24 30 months etc......after the receipt of the claim.

If it were my claim I would see my own doctor to get the increase medically documented but some vets can not afford to do so.

[stillhere]

I thought I might add this during my 2nd C&P I mentioned another problem I was having and when I got my rating they actually included it back 8 months prior to my CP I did mentioned at the time that I had had the problem for well over a year but hey 8 months is not bad.

stillhere

[theotherguy]

Vike - thanks. I have seen several claims from my RO in which they attempted to begin the effective date the date of the C&P exam because there was no medical documentation showing the increase until the C&P.

I fully understand the need for medical evidence but do not feel it is the vets fault if the VA can not offer a C&P until 12,24 30 months etc......after the receipt of the claim.

If it were my claim I would see my own doctor to get the increase medically documented but some vets can not afford to do so.

Ricky,

That seems pretty damn ludicrous to me. Which RO is that? Using that logic, do they also only grant s/c for originally claimed disabilities (such as PTSD) from the date of their C&P examination and not from the date of claim? That is BS.

[Ricky]

I have not seen it on initial claims for SC, only on request for an increase. I recently read on in which the veteran asked for an increase from 0 percent on his back to 20 percent. This was Jan 05. He was given a C&P in July 05 from which they approved an increase to 10 percent in an January 06 rating decision. Problem is they made the effective date January 06 the same date the rating decision was issued.

I understand that crap happens sometimes as many claims are processed by the VA. However, when it is the same type of crap happening time and time again one has to begin to wonder. You know, those things in life that make you go hmmmmmmmmmmm. We have always be able to get them striaght but each incident has required a look by the BVA as the response to the NOD and DRO review was even more stupid than the original rating decision. It is the Montgomery RO.

[betrayed]

or in some cases- by documented medical evidence- possibly a year earlier than that-

Can you explain this further?