De Novo Review Effective Date Issue

[alphahec]

I am trying to figure this out, need everyones help!

I received a effective date of August 22, 2008 for back claim, which was my discharge date from the U.S. Army. I submitted a De Novo Review request on April 8, 2009, since I believed that my condition didn't warrant the 10% that they gave me. I then received a De Novo Review effective date of Feb. 11, 2010, which was the date of the C&P examination.

Wasn't the effective date supposed to have been August 22, 2008, the effective date of the original claim?

Edited August 9, 2010 by alphahec

[carlie]

If the C&P examination on Feb 11,2010 is where they got the medical evidence for a higher percentage,

then that would be the effective date for your increase.

If you believe you have medical evidence which supported the higher percentage

within 12 months prior to this effective date, then you might want to study 38 CFR 3.156 ©

to see if it would be applicable.

http://www.access.gpo.gov/nara/cfr/waisidx_09/38cfr3_09.html