Connected For Als

[ZenArcher]

I got a call from PVA this morning and I have been connected for ALS with a combined rating of 70%. I haven't gotten my copy of the decision yet so I don't know all the details. The troubling part is that they are only giving me back pay to 9/23 this year which is when the ALS presumption was put in place. My claim has been open since May 2007. I've continued to submit new evidence to ensure that it remained open. I have included a portion of the rule as included in the Federal Register about the applicability date. My question is do I have a leg to stand on if I try to get back pay to the date the claim was filed?

Applicability Date: The provisions of this interim final rule shall apply to all applications for benefits that are received by VA on or after the effective date of this interim final rule or that are pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on the effective date of this interim final rule. In accordance with 38 U.S.C. 5110(g), the effective date of benefits awarded pursuant to this rule will be assigned in accordance with the facts found, but cannot be earlier than the effective date of this rule or the date one year prior to the date of application, whichever is later.

Full text available at: http://frwebgate6.access.gpo.gov/cgi-bin/P...action=retrieve

[Ricky]

Zen - why do you think that your claim would have been awarded via direct service connection?

thanks

[ZenArcher]

I know the evidence I had submitted along with my medical records as well as the statements from the VA neurologist during the C&P exam. Statements such as, "Why did they even make you come here?", "They should have just connected you outright." I don't have a copy of his report but I've requested it.