Question

[BUZZ]

In Feb. 2008 I filed for a increase for a disability that I had,finally they gave me a cp exam on appeal in Feb.2012 and they increase the rating,the question I have is they are going to go back to Feb.2012 and pay me the increase of the disability.I thought they would go back to Feb.2008 instead of Feb.2012,when they gave me the exam.The only evidence that I have is va treatment reports and EM reports for this disability from getting treated since 2008 which they have..

[john999]

They should pay you from 2008 when you filed the claim for an increase.

[carlie]

Sounds like they will need to do staged ratings for different periods of time,

per the medical evidence of record to include the newest (Feb 2012) exam.

JMHO

[armydriver]

I am in the same boat and they only went back to the latest C & P. Now I have to fight for earlier effective date.

[carlie]

I am in the same boat and they only went back to the latest C & P. Now I have to fight for earlier effective date.

If you post your contentions for the award of an

earlier effective date others might chime in with help.

[broncovet]

The effective date for benefits (or increase) is the later of the "facts found" or the date applied. If the doc says your condition increased in 2012, then that will be the effective date. There are exceptions, however. The doc should give you a date he thinks the condition started or increased.

Using the C and P exam date, which the VA often does, is absurd. This suggests I was healthy up until I had a C and P exam. No, I did not get sick at the docs office during the exam.

You need to timely file a nod, contesting the effective date. There is much on hadit on effective dates, I wont repeat those all here. File a NOD if you dispute the effective date.

Edited December 18, 2012 by broncovet