Effective Date

[SandyTX9]

I am not sure if I am posting this in the correct place but here is our situation. Found this very informative website when I googled agent orange and parkinsons. My husband served in Viet Nam from 1969 to 1971. He was diagnosed with parkinsons in October of 2009. We did not know anything about VA and presumptives until we came across an article on the internet in October of 2011. Filed a claim for parkinsons on October 9, 2011. Yesterday received an award from VA for 30% disability. We are okay with the award but we have a question about about the effective date. Under "Reasons for Decision" where everything is explained about the rating the last paragraph reads: "An earlier effective date may be warranted for our grant of service connection for Parkinson's disease if you are able to submit evidence of a diagnosis of Parkinson's diseae prior to August 31, 2010, the date that Parkinson's was added as a presumptive condition due to exposure to tactical herbicides in the Republic of Vietman." Does this mean he had to be diagnosed before 8/31/10 which he was or the diagnosis had to be submitted before 8/31/10. Thanks so much for taking the time to read my question and help us. We are new to all of this and it is extremely confusing.

[jbasser]

Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity 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.

It is worth showing them the diagnosis and trying to get them to reconsider the effective date to the date he was first diagnosed.

J

[AFButch]

I believe you are entitled to a back pay providing you send a diagnosis that dates prior to 8/31/2010. A buddy of mine filed a IHD case in Aug 2011, case closed the end of Nov 2011 and he got a year's retro pay. I have a IHD case pending and pending and pending, LOL. I didn't learn about the presumptive AO until September of last year. I filed my case in Oct 2011. It is now in the Notification Phase whatever that means as far as timeline. Anyway, I believe that once settled because I have a diagnosis of IHD that dates way beyond 8/31/2010 that I will receive retro back a year to the 8/31/2010 plus forward from my date of the claim. I am also new to file, I had no claims for anything, didn't know to do so. Best of luck to you and I would seriously look at that 30% rating depending on the affects of your husband's Parkinson's at this time. If things get worse, file for your deserved increase. If he is unable to work, you may be able to file for that as well. Look into social security disability, if he can qualify. (I cannot because my recent employment did not take out social security, I was a CA Correctional Officer although I medically retired10 years ago due to my heart.)