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Earlier Effective Date Question

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majrrich

Question

I have just been denied an earlier effective. Briefly I went to the AL VSO in Aug 2006 and filed my claim they never submitted it finally I sent another claim in direct to the VA Jan 2007 and was just granted disability back to Jan 2007 and denied the earlier date. VA said they had no record of receiving a claim before Feb 2007. I have been going over my records I have three emails I sent to IRIS Sep 2006 Oct 2006 and Dec 2006 asking about my claim. basically they said it was never received which it wasnt because of a lousy VSO.

My question does my email requesting information on my claim constitute a Informal Claim since I technically notified the VA about my claim.

I am preparing a NOD I get no response fronm the VSO about why my claim was not submitted but since I senst three emails to the VA will that help get a earlier effective date

Thanks

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  • HadIt.com Elder

Hoppy - well stated. Good reminder for me to see if in my case the doctor" noted" I was applying for PTSD claim. Could be my request for a letter would be my only support - but of course that'd need to state 'the specific' medical issue, in my case just happens to be 'ptsd'. Cya with official paperwork or records, either submitted by the vet, acceppted, responded to or filed in the VA files.

Be nice to have Official VA ombudsman IG Type oversight board for the Veteran reassurances in the New Medical Coverage speech 'don't worry you'll still keep your VA benefits coverage" as announced with much ambition tonight.

Again, Hoppy, clearly stated and good discussion, IMHO

Cg'up2009!

Going to the doctor and saying your depressed is not sufficient. However, if you tell the doctor you are depressed and you intend to seek a VA benefit for depression would be sufficient.

FINDINGS OF FACT

1. All relevant evidence necessary for an equitable

disposition of the appeal has been requested or obtained.

2. The Veteran filed his initial claim for service

connection for PTSD on 10 January 2006.

3. A 9 November 2005 VA treatment record noted the Veteran

was not then service connected for PTSD, but planned to

apply, and this record may be accepted as an informal claim, because the Veteran's January 2006 formal claim was received

within one year of the informal claim, but there is no

earlier claim for service connection for PTSD than 9 November

2005.

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