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Possible Incorrect % Disability Effective Date

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chrisw

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I first wanted to say thank you to everyone that is involved in keeping this forum going. It's a great wealth of information. I wish I new about it several years ago.

I've got a question about the effective date of a claim.

I filed a VA disability claim for migraine headaches back in November 2008 and received my results of service connected with 0% in July 2009 effective November 2008. I felt 0% was not commensurate and sent the VA a request for reconsideration in August of 2009 along with some new medical evidence. I recently received my results and they granted me 30% but they put the effective date of August of 2009. Is this correct? Since it was a request for reconsideration I thought my effective date would remain November 2008.

When I filed my request for reconsideration I also mentioned that I would be requesting an increase in compensation for another service connected disability. Do you think that since I mentioned this they lumped them together as a new claim?

One other thing I wanted to mention is some of the medical evidence I submitted with the request for reconsideration was after original effective date of July 2009. Would the new medical evidence have anything to do with the effective date? Can I only appeal the effective date?

Also, I'm going to appeal the percent disability on something else. Would it be best to group the appeals together?

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John said:

"They like to do this with DMII. You go for the exam with high glucose levels. You come out with DMII DX and that is your effective date. Your PCP never stated in your records that you had DMII all those years when you had high glucose. I think they must warn the doctors not to make the DX."

I never heard of a vet 'getting' DMII from a C & P exam, allowing the VA to award a EED that is not correct.

John and others here are right. DMII is a long standing condition and the medical records can reveal if it is pre- diabetes or was full blown diabetes for some time and never properly diagnosed and treated by the VA.

DMII doesn't kill anyone-it's complications do.

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