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Effective Date

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deserteagle

Question

I recently had my claim for PTSD "reviewed" as part of a new claim that I had opened for hearing loss. The date of claim for the hearing loss and the review was 8/14/2009. I was initially rated 50% for PTSD in my claim dated 4/2008 which was approved 9/2008. With this review, I received 100% PTSD with an effective date of 10/6/2009 (the date of my review C&P exam). I was wondering if the effective date should be at least 8/14/2009 (the date of claim) or even backdated to the original date of date in 2008. Thanks for the help!!!

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Umm... well unless something has changed it should be date of claim. I've seen the VA do this again and again though stating there was no diagnosis until the C&P. If you have a previous diagnosis, then I am certain it USED to be actually the date of claim. Has this changed since I've been gone anyone? If is is the date of claim, I'd file a NOD.

Help me out here Pete or Jbasser, I don't want to put out info that might be wrong if something has changed and I have been out of the loop for 2 years really, except for a few claims here and there.

carlie, Berta anyone? You all know I odnt weant to give wrong advice but I am certain it used to be date of claim for a pre-existing diagnosis. Further, I've seen date of onset used, if that could be proven and was before date of claim.

For instance a vet goes into the VAMC emergency room cause his bladder quits working. Eventually a diagnosis of neurogenic bladder emerges, but the rater tried to go with the date of C&P. When in fact the date the vet went to the emergency room was the date of onset and should have been used. I won this argument in a NOD (actually one of my OWN claims), but don't know if this has changed.

Also please ref CFR 38 here so I can go reag it a refresh my memory. As well as M21-1MR if possible. If too much I'll look it up myself, but I have to order the new CD. Mines old.

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  • HadIt.com Elder

The date of the claim of the date entitlement arose whichever is later. It was a review and increased based ont he VA review, You didnt ask for an increase but it seems like the VA's reaction to the Ear Claim was to review your PTSD claim.

You got lucky. It seems to have backfired on them.

J

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Ok so the claim date should be the date of claim, or date entitlement arouse which ever is "later", or whichever is more "advantagoeus to the veteran"? I seem to remember that statement. And by later do you mean later as in whichever is first, the date of onset or the date of claim?

Bob

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  • HadIt.com Elder

O. Increases 38 U.S.C. 5110 a and 511 0 B 2, Pub. L. 94-71, 89 Stat. 395; §§3.109, 3.156, 3.157):

(1) General. Except as provided in paragraph O 2 of this section and §3.401 b B, date of receipt of claim or date entitlement arose, whichever is later. A retroactive increase or additional benefit will not be awarded after basic entitlement has been terminated, such as by severance of service connection.

(2) Disability compensation. Earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim is received within 1 year from such date otherwise, date of receipt of claim.

The effective date the evidence showed you were entitled to an increase should be your Effective date.

J

Edited by jbasser
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