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ptsd Eeds One Year
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Berta
I finally found the regs that explains better then I can-why some claims can receive a EED that is one year prior to date of filing the claim.
I always used my husband's posthumous award to show what I meant but here are the regs:
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. 38 U.S.C.A. §
5110; 38 C.F.R. § 3.400.
A TDIU claim is a claim for increased compensation, and the
effective date rules for increased compensation apply to a
TDIU claim. See Hurd v. West, 13 Vet. App. 449 (2000). The
effective date for the grant of increase in disability
compensation is the earliest date as of which it is factually
ascertainable that an increase in disability had occurred if
the claim is received within one year from such date,
otherwise, the date of the receipt of the claim. 38 C.F.R. §
3.400(o)(2).
It still sounds like VA double talk-but it does mean that if the medical evidence warrants
a higher rating prior to the actual date of filing the claim-then the EED rules above should kick in -"if the claim is received within one year from such date".
This is why it can be important to file TDIU claims ASAP.
A vet could get a SSA award for a NSC condition that becomes SC and basis for TDIU award but that favorable one year prior to claim date EED is lost if the veteran does not inform VA of the SSA award ( # 18 question on the TDIU form) or tell them in some other way prior to the end of the year prior to filing the claim.
HUH? I guess I am making this explanation more convoluted than the regs are.
I overheard a Vietnam vet tell my former rep (he had PTSD claim in progress) that he also had got SSA award for PTSD.The rep said- Gee that is interesting and did nothing else about this news.I didnt say anything because by then I was a sore spot for this whole outfit of reps-
but I hope the vet told VA of this award- it was far more important then being very interesting-
if the vet did fill out the 21- 8940 form prior to the SSA award he could have checked No to # 18 and then nothing would have triggered VA to get his SSA records.
If he succeeded with his VA claim, the actual EED could have been more favorable
then date he filed the VA claim-if the SSA award preceeded the claim filing date -by up to a year.
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