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Questions About Effective Dates

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cojolio

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OK as some of you know I am planning on opening a claim as a secondary condition. I have a few questions I didnt find answers to while using the search box regarding EDs.

My SC condition is from 2008 (ankle 20%). My questions are:

1- If I file a claim for a secondary condition, when is the effective date? is it the same original claim (ankle 2008) or the date I file for the secondary condition?

2-Lets say that during my secondary claim, they reopen my original one for the ankle, and for some ungodly reason decide to reduce it (highly doubt it because of progress notes from ortho but you never know with the VA from what I read from here...) to 10% or even 0%...the effective date stays the same (from back in 2008)...or does it become a new one as of the date of the reduction?

2a. So basically, if a claim is reduced does the effective date changes to the date of the reduction? or does it state as of the original date the claim was awarded?

Sorry in advance if this is a basic question already posted on the board...I tried looking but didnt find answers to it.

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OK as some of you know I am planning on opening a claim as a secondary condition. I have a few questions I didnt find answers to while using the search box regarding EDs.

My SC condition is from 2008 (ankle 20%). My questions are:

1- If I file a claim for a secondary condition, when is the effective date? is it the same original claim (ankle 2008) or the date I file for the secondary condition?

The effective date would be the date you file the claim - if it is continually prosecuted.

2-Lets say that during my secondary claim, they reopen my original one for the ankle, and for some ungodly reason decide to reduce it (highly doubt it because of progress notes from ortho but you never know with the VA from what I read from here...) to 10% or even 0%...the effective date stays the same (from back in 2008)...or does it become a new one as of the date of the reduction?

When your ankle was first SC'd at say 40% you were assigned an effective date.

If there is a reduction say to 10% - that will be assigned an effective date for the 10%.

If down the road - they increase your SC percentage for the ankle again - this will also be assigned an

effective date.

If your question is in regards to protected ratings the time frame's are a continuous 10 yrs or a continuous 20 years,

as I understand it.

2a. So basically, if a claim is reduced does the effective date changes to the date of the reduction? or does it state as of the original date the claim was awarded?

The reduction will have it's own effective date and the original award has it's own effective date.

JMHO

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Carlie, thank you as always for clearing that up for me....and yes, I was just asking because of the protected ratings. I was weighting the risk/benefits of possibly having my 20% 2008 ankle rating getting looked at for trying to open a secondary claim....

Just one last question,

1- If I file a claim for a secondary condition, when is the effective date? is it the same original claim (ankle 2008) or the date I file for the secondary condition?

The effective date would be the date you file the claim - if it is continually prosecuted.

If continually prosecuted? you mean, if I kept going to the doctor for the secondary condition since they SC the ankle?...or by prosecuting it you mean appealing it to the highest possible level if needed?

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  • HadIt.com Elder

yes you must have kept the issue in appeals during that time frame either with a NOD or a Form 9 Appeal to BVA if it has been more than one year since they awarded the SC claim, for example I kept filing NODs for my heart condition that was originally filed for in Dec 2002 and over the years it finally came to a nexus I could show related to my SC PTSD which was granted in May 2006 back to Dec 2003 when I fired my POA at the DVA and filed my own claims based on the help of people here, like Flip, Carlie, John 999 , Pete 53 and a lot of other people qhose names I can't recall any more they have passed away or stopped posting here for one reason or another

but bottom line is that a secondary condition can NOT have an effective date prior to the original rated issue, in my case my heart problems were given an effective date of Dec 2003 and I lost the back pay to Dec 2002, but in the end I was happy to know that if I did have another heart attack and die my wife would be eligible for DIC benefits, which came close to being needed in April this year I was lucky I was already in the hospital from a minor heart attack when I had that famous "Here I come Louisie" the records show I flat lined on Sat morning April 9 put into a medical coma and they brought me out of it on 13 Apeil and sent to Charleston MUSC for a work up for either a VLAD device (the thing Dick Cheney has that keeps his heart working) or a heart or heart and lung transplant the docs said no surgery maintain me on medications other than having a Bi-Ventricular/pacemaker/defib installed I just had that done last Thursday I see the doc today for a follow up

you need to keep claims alive in some type of appeal status to keep the earliest possible award dates open

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Testvet;

Thank you for clarifying...makes sense to me now. I guess I wont have an EED to my original 2008 ankle claim since I've never NOD or apply for secondary conditions.

I'm sorry to hear about your heart problems and I hope you are better and more stable these days and the doctors brings good news on your follow-up...your words "minor heart attack" brought bad memories...on my last visit to the VA they did my vitals and i had a HR of 43 BPM, the doctor sent me to get a test (ENG or something like that?) ASAP that day and the specialist told me a had a "mild heart attack"...which I had chest pains the day before but never though anything of it....needless to say, i was FREAKED out because im only 30!.

yes you must have kept the issue in appeals during that time frame either with a NOD or a Form 9 Appeal to BVA if it has been more than one year since they awarded the SC claim, for example I kept filing NODs for my heart condition that was originally filed for in Dec 2002 and over the years it finally came to a nexus I could show related to my SC PTSD which was granted in May 2006 back to Dec 2003 when I fired my POA at the DVA and filed my own claims based on the help of people here, like Flip, Carlie, John 999 , Pete 53 and a lot of other people qhose names I can't recall any more they have passed away or stopped posting here for one reason or another

but bottom line is that a secondary condition can NOT have an effective date prior to the original rated issue, in my case my heart problems were given an effective date of Dec 2003 and I lost the back pay to Dec 2002, but in the end I was happy to know that if I did have another heart attack and die my wife would be eligible for DIC benefits, which came close to being needed in April this year I was lucky I was already in the hospital from a minor heart attack when I had that famous "Here I come Louisie" the records show I flat lined on Sat morning April 9 put into a medical coma and they brought me out of it on 13 Apeil and sent to Charleston MUSC for a work up for either a VLAD device (the thing Dick Cheney has that keeps his heart working) or a heart or heart and lung transplant the docs said no surgery maintain me on medications other than having a Bi-Ventricular/pacemaker/defib installed I just had that done last Thursday I see the doc today for a follow up

you need to keep claims alive in some type of appeal status to keep the earliest possible award dates open

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Carlie, thank you as always for clearing that up for me....and yes, I was just asking because of the protected ratings. I was weighting the risk/benefits of possibly having my 20% 2008 ankle rating getting looked at for trying to open a secondary claim....

Just one last question,

1- If I file a claim for a secondary condition, when is the effective date? is it the same original claim (ankle 2008) or the date I file for the secondary condition?

The effective date would be the date you file the claim - if it is continually prosecuted.

If continually prosecuted? you mean, if I kept going to the doctor for the secondary condition since they SC the ankle?...or by prosecuting it you mean appealing it to the highest possible level if needed?

The effective date would be the date of filing the claim, for the secondary condition.

If it is denied and you file a NOD and continue to prosecute this claim - if and when it is

granted - the effective date would be the date you filed the claim and might warrant staged ratings.

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Ah ok, I understand now...thanks a bunch as always

The effective date would be the date of filing the claim, for the secondary condition.

If it is denied and you file a NOD and continue to prosecute this claim - if and when it is

granted - the effective date would be the date you filed the claim and might warrant staged ratings.

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