Have Another Question?

[yoggie2]

I know that the VA is able to do as it wishes but my question is this, I Have an Effective Date Of 14 Nov 06 I was found to be totally disabled by SSA Nov 05. I know SSD and VA is two different things but SSD is proof I have been disabled from my Service Connected Disabilities since NOV 05. Now the Law I was showed, said that the VARO shall use the earliest effective date "the date that shows that I had become disabled that would be SSD. I talked to my SO and he is not sure on this but he beleives this only applies to those who leave service within one year..A member here had informed me if I show that I was disabled before my EED they have to go back to that date which is my SSD stated I have been disabled from my SC disabilities but no more than a year... Yogg

[Philip Rogers]

To the best of my knowledge, if your ED was for an initial claim the answer is no. If the ED was for an increase, in an existing disability, they can go back a year prior. I believe the rule is if within one yr of discharge, ED is day after discharge, otherwise it's the date of the claim.

pr

[admiral7]

The VA will only go back to the date your original claim was submitted.They hold you responsible for requesting the exact benefit you seek.

[Berta]

The SSA award-if solely for service connected condit8ions, can often be used to obtain a better EED -if the SSA award came prior to the claim date.

"member here had informed me if I show that I was disabled before my EED they have to go back to that date which is my SSD stated I have been disabled from my SC disabilities but no more than a year... "

I try to make that point Yoggie- and I always give my husband's claim as example-

He filed in Nov 1992 for higher PTSD rating,

awarded 100% P & T PTSD posthumously in 1997-

EED was 1991 ( one year prior to his initial claim date) and the SSA award was stated as determining his total disability and SC unemployability as of the SSA date.

[jbasser]

§3.400 General.

Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later. (Authority: 38 U.S.C. 5110(a))

Rich, youir PTSD claim is the initial PTSD claim. The back is an increase. The effective date is the date the entitlement arose as it is later than the date filed. That means your PTSD date is the same as the SSDI date for this since your ssdi is for service connected issues.

Anything else would be an error.

J

[john999]

If you want a really early effective date based on an SSD date the VA has to have known you were on SSD for the SC condition. That should trigger an IU claim. If the VA knew you were on SSD for your SC condition and did not infer an IU claim then I think that is an error. It is the same with other sources of information the VA might have that demonstartes the vet was unemployable due to his SC condition. This knowledge is supposed to trigger an IU claim. For instance, a VA social worker documents the vet is unemployed due to his SC. That is enough to infer TDIU according to the VBM. I have known vets who were on SSD for ten years and the VA only had them rated 50%.

[broncovet]

I agree with most of what has already been said, but would add this:

I believe it was the late Alex Humphrey that pointed out that if a Veteran mentions to his VA doc something to the effect that the Veteran is depressed and unemployed, that can be successfully appealed as an informal claim date for IU.

What that means to you is to go back through your medical records. See if you told your VA doc that you were unemployed. Then appeal your effective date, based on the fact you told your doc you were unemployed on ___________ date, and that contstitues an informal claim for IU. I think that would also work for depression, and other conditions as well.

Alex was an attorney, as I understand it. He posted here, and you can find his posts here:

http://www.hadit.com/forums/index.php?showtopic=26566

Edited June 5, 2009 by broncovet (see edit history)

[deltaj]

I know that the VA is able to do as it wishes but my question is this, I Have an Effective Date Of 14 Nov 06 I was found to be totally disabled by SSA Nov 05. I know SSD and VA is two different things but SSD is proof I have been disabled from my Service Connected Disabilities since NOV 05. Now the Law I was showed, said that the VARO shall use the earliest effective date "the date that shows that I had become disabled that would be SSD. I talked to my SO and he is not sure on this but he beleives this only applies to those who leave service within one year..A member here had informed me if I show that I was disabled before my EED they have to go back to that date which is my SSD stated I have been disabled from my SC disabilities but no more than a year... Yogg

It might be worthwhile for you to review V.A. General Counsel Precedent Opinion 12-98. The issue is whether you filed your claim for increase was received within one year of the date your disability increased. (See 38 CFR 3.400 (o) (2). Kindly review your records. Start with your Medicare card and look for a date 2 years back of the effective date on the Medicare card. I'm thinking this would be the date of the Social Security exam showing eligibility for a total disability rating. (Call Social Security to clarify this.) Next look at your copy of your V.A. claim for increase and check for the date stamp for the date of receipt by V.A. If the 2 dates are within a year of each other you'll need to get some help to file for an earlier effective date.