Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
Sign in to follow this  
Vync

Inferred Claims/effective Dates

Question

Inferred claims/effective dates

This might be a bit wierd...

Regarding inferred claims and effective dates, I understand that if you seek medical treatment within 12 months of your claim request, then the EED is the date when treatment was sought.

Given this hypothetical situation, what would be the effective date?

Jul 2007 - Office visit, condition diagnosed, prescribed monthly medication to treat condition

{insert 3-4 VA telenurse refill calls}

Aug 2009 - Office visit for condition

Oct 2009 - Filed claim for condition

The medication refills were requested every month and renewed via VA nurse line as needed.

Would the effective date be Jul 2009, Aug 2009, a VA telenurse refill call between Oct 2008 and Jul 2009, or by oldest date where refills were received?

I'm curious if the VA defines the inferred date based on an office visit, telenurse refill calls, or merely because the Vet was receiving medication for the condition (i.e. receiving treatment).

Thanks

Share this post


Link to post
Share on other sites

Recommended Posts

Inferred claims/effective dates

This might be a bit wierd...

Regarding inferred claims and effective dates, I understand that if you seek medical treatment within 12 months of your claim request, then the EED is the date when treatment was sought.

Given this hypothetical situation, what would be the effective date?

Jul 2007 - Office visit, condition diagnosed, prescribed monthly medication to treat condition

{insert 3-4 VA telenurse refill calls}

Aug 2009 - Office visit for condition

Oct 2009 - Filed claim for condition

The medication refills were requested every month and renewed via VA nurse line as needed.

Would the effective date be Jul 2009, Aug 2009, a VA telenurse refill call between Oct 2008 and Jul 2009, or by oldest date where refills were received?

I'm curious if the VA defines the inferred date based on an office visit, telenurse refill calls, or merely because the Vet was receiving medication for the condition (i.e. receiving treatment).

Thanks

When I received the award of my ED on my neck claim of 2 years the radiculopathy was dated to the date it was diagnosed by neurology. However, I had documentation placing the first reports as 2-3 months earlier. I have requested an EED back to the date of first documented complaint.

Bergie

Share this post


Link to post
Share on other sites

Ad

It should be October 2009, cuz that's when you filed the claim. You should have filed when you were first diagnosed.

pr

Inferred claims/effective dates

This might be a bit wierd...

Regarding inferred claims and effective dates, I understand that if you seek medical treatment within 12 months of your claim request, then the EED is the date when treatment was sought.

Given this hypothetical situation, what would be the effective date?

Jul 2007 - Office visit, condition diagnosed, prescribed monthly medication to treat condition

{insert 3-4 VA telenurse refill calls}

Aug 2009 - Office visit for condition

Oct 2009 - Filed claim for condition

The medication refills were requested every month and renewed via VA nurse line as needed.

Would the effective date be Jul 2009, Aug 2009, a VA telenurse refill call between Oct 2008 and Jul 2009, or by oldest date where refills were received?

I'm curious if the VA defines the inferred date based on an office visit, telenurse refill calls, or merely because the Vet was receiving medication for the condition (i.e. receiving treatment).

Thanks

Share this post


Link to post
Share on other sites

What is the regulation that says your effective date for a claim is the first time you saw a doctor for it? I had not heard that before.

Share this post


Link to post
Share on other sites

Sorry, I forgot to note that this is for an increase request, not an initial rating.

§3.400 (o)(2), see below:

(o) Increases (38 U.S.C. 5110(a) and 5110(:D(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(:o, 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.

Share this post


Link to post
Share on other sites

John

The regulation you mentioned refers to an increase, as follows:

3.157 Report of examination or hospitalization as claim for increase or to reopen.

(a) General. Effective date of pension or compensation benefits, if otherwise in order, will be the date of receipt of a claim or the date when entitlement arose, whichever is the later. A report of examination or hospitalization which meets the requirements of this section will be accepted as an informal claim for benefits under an existing law or for benefits under a liberalizing law or Department of Veterans Affairs issue, if the report relates to a disability which may establish entitlement. Acceptance of a report of examination or treatment as a claim for increase or to reopen is subject to the requirements of §3.114 with respect to action on Department of Veterans Affairs initiative or at the request of the claimant and the payment of retroactive benefits from the date of the report or for a period of 1 year prior to the date of receipt of the report.

(Authority: 38 U.S.C. 5110(a))

(;) Claim. Once a formal claim for pension or compensation has been allowed or a formal claim for compensation disallowed for the reason that the service-connected disability is not compensable in degree, receipt of one of the following will be accepted as an informal claim for increased benefits or an informal claim to reopen. In addition, receipt of one of the following will be accepted as an informal claim in the case of a retired member of a uniformed service whose formal claim for pension or compensation has been disallowed because of receipt of retirement pay. The evidence listed will also be accepted as an informal claim for pension previously denied for the reason the disability was not permanently and totally disabling.

(1) Report of examination or hospitalization by Department of Veterans Affairs or uniformed services. The date of outpatient or hospital examination or date of admission to a VA or uniformed services hospital will be accepted as the date of receipt of a claim. The date of a uniformed service examination which is the basis for granting severance pay to a former member of the Armed Forces on the temporary disability retired list will be accepted as the date of receipt of claim. The date of admission to a non-VA hospital where a veteran was maintained at VA expense will be accepted as the date of receipt of a claim, if VA maintenance was previously authorized; but if VA maintenance was authorized subsequent to admission, the date VA received notice of admission will be accepted. The provisions of this paragraph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established or when a claim specifying the benefit sought is received within one year from the date of such examination, treatment or hospital admission.

(Authority: 38 U.S.C. 501)

(2) Evidence from a private physician or layman. The date of receipt of such evidence will be accepted when the evidence furnished by or in behalf of the claimant is within the competence of the physician or lay person and shows the reasonable probability of entitlement to benefits.

(3) State and other institutions. When submitted by or on behalf of the veteran and entitlement is shown, date of receipt by the Department of Veterans Affairs of examination reports, clinical records, and transcripts of records will be accepted as the date of receipt of a claim if received from State, county, municipal, recognized private institutions, or other Government hospitals (except those described in paragraph (:D(1) of this section). These records must be authenticated by an appropriate official of the institution. Benefits will be granted if the records are adequate for rating purposes; otherwise findings will be verified by official examination. Reports received from private institutions not listed by the American Hospital Association must be certified by the Chief Medical Officer of the Department of Veterans Affairs or physician designee.

Edited by broncovet

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines