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ptsd When "entitlement Arose"
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Question
Berta
I finally found something that seems to clarify the VA concept of when ' entitlement arose'-as it relates to the earliest effective date.
The only thing I really had was a posthumous award letter giving my husband one year additional EED for his 100% P & T sc PTSD .VA used s SSA award date to determine his 'entitlement arose' one year prior to his claim for TDIU.
"Except as otherwise provided, the effective date of an
evaluation and award of compensation based on an original
claim, a claim reopened after final disallowance, or a claim
for increase will be the date of receipt of the claim or the
date entitlement arose, whichever is the later. 38 U.S.C.A.
§ 5110; 38 C.F.R. § 3.400.
An exception to this rule provides that the effective date of
an award for increased disability compensation shall be the
earliest date as of which it is factually ascertainable that
an increase in disability has occurred, if the claim is
received within one year from such date; otherwise, it is the
date of receipt of the claim. 38 U.S.C.A. § 5110(b)(2);
38 C.F.R. § 3.400(o)(2). When considering the appropriate
effective date for an increased rating, VA must consider the
evidence of disability during the period one year prior to
the application. See Hazan v. Gober, 10 Vet. App. 511
(1997)."
http://www4.va.gov/vetapp07/files2/0718055.txt
and referenced within:
http://en.wordpress.com/tag/801-fed-cir-2002-hazan-v-gober/
The 2002 reference to Hazan indicates this reg is still current VA case law as far as I know.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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Berta
I finally found something that seems to clarify the VA concept of when ' entitlement arose'-as it relates to the earliest effective date. The only thing I really had was a posthumous award letter g
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