Need Advise On Informal Claim

[redcatcher69]

I plan on submitting the letter below to the VA for reconsideration of "effective date". The attached letter I referenced is not part of this post, it is a standard form letter that comes with the forms necessary to file a claim.

Has anyone had a similar issue as me? Do I have a legitimate request?

Your comments would be appreciated.

Thanks

Dear Sir:

I am requesting retroactive compensation to November 12, 2003. The request is based on the attached letter I received dated November 12, 2003. I had called the 1-800-827-1000 and told the person I wanted to file a claim for disability and they sent me the appropriate forms This was prior to the dated letter I have attached but I discarded the envelope the forms came in, and do not have any proof of that date. It was not long before the above day.

I am requesting the compensation starting date be November 12, 2003. The effective dated I was granted is May 13, 2004, with a payment start date beginning the first day of the following month, which was June 1, 2004. Using this procedure to determine the start date I believe the effect start date should be December 1, 2003. This represents an additional six months.

The above request is based on 38 CFR, and reads as follows:

PART 3—ADJUDICATION

Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

Claims

§ 3.155 Informal claims.

(a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. If received within 1 year from the date it was sent to the claimant, it will be considered filed as of the date of receipt of the informal claim.

(:( A communication received from a service organization, an attorney, or agent may not be accepted as an informal claim if a power of attorney was not executed at the time the communication was written.

© When a claim has been filed which meets the requirements of §3.151 or §3.152, an informal request for increase or reopening will be accepted as a claim. "

your consideration in this matter is appreciated.

Respectfully,

[Guest Berta]

Redcatcher- many here ,me included, have gotten wrong retro dates.

Your request to them is certainly valid-

a question---does this claim involve an Agent Orange disability?They make mistakes on AO retro sometimes because the Nehmer decision has different EEDs (earlier effective dates) then other types of claims.

also-If I were you I would refer them to your c file and to look at the actual date of your application-the 21-526 form and also you should request a copy of it.

Sometimes they refer to the date of the claim in other information they have sent- like maybe if you got a VCAA letter?

But regardless-if they did not come up with a good reason for the

May 13, 2004 date-it sure sounds like a retro error.

Does that date have any significance at all to you?

The correct date of your claim should be -in my way of thinking-the date you signed the 21-526 application.

Edited March 15, 2006 by Berta