Can Vet Have 2 C-Files?

[autumn]

hey folks, i have a pending claim for the secondary medical issues related to my service connected MS.

i have a large folder of supported medical documentaion from active duty to present for cervical trauma and its issues. i want/need to file for that to be SC'd along with increased degeneration issues with service connected lumbar trauma.

question: can i submit a claim request along with this folder and have it as a second c-file so it doesn't hang up the current MS claims issues? i just don't see this varo doing the right thing and the current claim could take as long as they want to drag it out.

[Guest]

5110. Effective dates of awards

(a)Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.

(b)(1)The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran's discharge or release if application therefor is received within one year from such date of discharge or release.

(2)The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.

http://www.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00005110----000-.html

Medical Treatment Records can get you the earliest date possible.

[broncovet]

Autum

The "effective date" means the date you start getting paid for your disability. As Pete pointed out, it is the date you apply or the date the doc says you got the disease. But you wont get an effective date earlier than what you applied, UNLESS you apply within a year of getting out of the military. In other words you get "a free year" to apply for benefits out of the military, and have the date go back to when you exited the service.

The "effective date" is important because it determines your retro check. The earlier the date, the more retro. You see, the problem is that it takes so long for the VA to process claims...sometimes it is 10 years or more before they get your paperwork done and you get your money.

And, the VA does not always get the effective date right. If you like the award, but think you applied earlier, then you can appeal the effective date, which is what I have done. The RO says I get a 2007 effective date and I say...no...I applied in 2002, not 2007..and you (the RO) shredded my claim, then said I did not apply until 2007.

Many Vets are so happy to get their award, they do not appeal the effective date, even if it is wrong. The VA knows this, and takes full advantage.

[carlie]

But you wont get an effective date earlier than what you applied, UNLESS you apply within a year of getting out of the military. In other words you get "a free year" to apply for benefits out of the military, and have the date go back to when you exited the service.

There is also :

http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr3.400.htm

(o) Increases (38 U.S.C. 5110(a) and 5110(b)(2), Pub. L. 94-71, 89

Stat. 395; Sec. Sec. 3.109, 3.156, 3.157)--(1) General. Except as provided in paragraph

(o)(2) of this section and Sec. 3.401

(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.

[autumn]

'Autum', I hope you had a chance to read this topic from brocovet.

broncovet, on 24 June 2011 - 05:39 PM, said:

no, i had not seen that. will read it today for sure

[autumn]

Autum

The "effective date" means the date you start getting paid for your disability. As Pete pointed out, it is the date you apply or the date the doc says you got the disease. But you wont get an effective date earlier than what you applied, UNLESS you apply within a year of getting out of the military. In other words you get "a free year" to apply for benefits out of the military, and have the date go back to when you exited the service.

The "effective date" is important because it determines your retro check. The earlier the date, the more retro. You see, the problem is that it takes so long for the VA to process claims...sometimes it is 10 years or more before they get your paperwork done and you get your money.

And, the VA does not always get the effective date right. If you like the award, but think you applied earlier, then you can appeal the effective date, which is what I have done. The RO says I get a 2007 effective date and I say...no...I applied in 2002, not 2007..and you (the RO) shredded my claim, then said I did not apply until 2007.

Many Vets are so happy to get their award, they do not appeal the effective date, even if it is wrong. The VA knows this, and takes full advantage.

i think i applied the first year. voc rehab started about a year after that. somewhere in that period i went from 20 to 30% for my back issues. though they now concur the ms showed up after a spinal infection while on active duty.

i'm sure pva knows about this rule/law

a b!@#h about your dates. i'm not surprized though. they did the same with the ms claim. i'm sure you have copy of that shredded claim.

[autumn]

5110. Effective dates of awards

(a)Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.

(b)(1)The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran's discharge or release if application therefor is received within one year from such date of discharge or release.

(2)The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.

http://www.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00005110----000-.html

Medical Treatment Records can get you the earliest date possible.

can't say for sure. i tend to think we (pva & i) have docs to show this unquestionably. as we know the VA will do everything to disallow this, as Carlie says, i'm walking through fire to get there. and this state RO is quite adversarial IMHO.