38 Cfr Question

[Ricky]

Where in 38 CFR can I find information on the fact that the date VA receives a claim is the date of the claim. ie.. they received my back claim on 2 Feb 04, denied in July 05, Nod sent Aug 05, SOC and rating for back received in Jan 06, (10 percent), and they established the effective date as of Jan 05. Don't know how the he!! they did that but I need to send a NOD for earlier effective date (2 Feb 04).

I have look all over until I am blue in the face but can not find the info needed to support my claim. I know it is there and I am simply wound up and just missing it.

Thanks Ricky

[john999]

Berta

The VA used my C&P date as my effective date for my DMII. This is because, according to them, no doctor actually said DMII until my exam. The doctors had said glucose intolerance. So until the exact word Diabetes was used I guess I had some other disease. I did not cry because I was already TDIU, but it still amazed me. The VA uses the term Pre-diabetes if say you fasting glucose level is 123 instead of 126, so you don't have diabetes.

[Guest jangrin]

Ricky, Berta, John,

"due to a new interpertation, a 10 percent rating has been awarded."

I don't think this applies to new evidence. I think it means, initially the claim was denied but then Rciki's NOD went in and they re-reviewed (sp?) it and the new reviewer had a different interpretation or "new interpertation" and they awarded 10%. BUT this was an error becaused it was based on the original evidence and so the award should have been dated back to the original claim date.

That' s how I'm seeing this.

Jangrin

[carlie]

Any room in that decision for a difference in opinions by either a

doc's - medical evidence and/or opinion --- or maybe there was a different

rater that weighed and evaluated the same evidence differently ? ?

carlie