The date claim is received is not always the correct effective date. Think back on your claims; could yours be earlier? Usually, a worsened condition, a new diagnosis from a doctor, or a hospital visit makes one think of a new claim. Veterans could be missing up to a year retro. I think this regulation is lost in the shuffle a lot. Don't depend on the VA to remember this for you!
.
§ 3.157 Report of examination or hospitalization as claim for increase...
1) Report of examination or hospitalization by Department of Veterans Affairs or uniformed services. The date of outpatient or hospital examination or date of admission to a VA or uniformed services hospital will be accepted as the date of receipt of a claim. The date of a uniformed service examination which is the basis for granting severance pay to a former member of the Armed Forces on the temporary disability retired list will be accepted as the date of receipt of claim. The date of admission to a non-VA hospital where a veteran was maintained at VA expense will be accepted as the date of receipt of a claim, if VA maintenance was previously authorized; but if VA maintenance was authorized subsequent to admission, the date VA received notice of admission will be accepted. The provisions of this paragraph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established or when a claim specifying the benefit sought is received within one year from the date of such examination, treatment or hospital admission.(Authority: 38 U.S.C. 501)
If you applied in time, but this was not appropriately applied in your case, submit a CUE claim for failure to apply 38 CFR § 3.157 (1).
Question
Guest Morgan
The date claim is received is not always the correct effective date. Think back on your claims; could yours be earlier? Usually, a worsened condition, a new diagnosis from a doctor, or a hospital visit makes one think of a new claim. Veterans could be missing up to a year retro. I think this regulation is lost in the shuffle a lot. Don't depend on the VA to remember this for you!
.
§ 3.157 Report of examination or hospitalization as claim for increase...
1) Report of examination or hospitalization by Department of Veterans Affairs or uniformed services. The date of outpatient or hospital examination or date of admission to a VA or uniformed services hospital will be accepted as the date of receipt of a claim. The date of a uniformed service examination which is the basis for granting severance pay to a former member of the Armed Forces on the temporary disability retired list will be accepted as the date of receipt of claim. The date of admission to a non-VA hospital where a veteran was maintained at VA expense will be accepted as the date of receipt of a claim, if VA maintenance was previously authorized; but if VA maintenance was authorized subsequent to admission, the date VA received notice of admission will be accepted. The provisions of this paragraph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established or when a claim specifying the benefit sought is received within one year from the date of such examination, treatment or hospital admission.(Authority: 38 U.S.C. 501)
If you applied in time, but this was not appropriately applied in your case, submit a CUE claim for failure to apply 38 CFR § 3.157 (1).
Edited by MorganLink to comment
Share on other sites
Top Posters For This Question
1
Popular Days
Feb 18
2
Feb 19
1
Top Posters For This Question
john999 1 post
Popular Days
Feb 18 2006
2 posts
Feb 19 2006
1 post
2 answers to this question
Recommended Posts