Effective Date Of Claim

[USMCMustanger]

Last week I got the initial retro check. I assumed that the effective date was the date I originally filed my claim. My VSO was surprised by this and immediatly had me sign a form requesting disability payment for one year PRIOR to the affective date. She showed me a ruling that provided for this (sorry, I forgot the chapter and verse) I will get it from her next week and post it here. Apparently, the VA is authorized to make retoactively one year PRIOR to the normal effective date date IF the condition(s) verified by the VA were noted previously. In my case 1987. I will not get retro $ back to 1987, ( I filed in Dec. 05), but the VSO stated she had been successful doing this for other veterans she has assisted with original claims filed many years after the initial diagnosis of a service-connected disability. If any HADIT member knows about this, let me know if you are aware of it, and where I can get more info. For now, I believe my VSO, but it does sound "too good to be true.

USMCMustanger

[LarryJ]

Ahhhh, so that's why, when I received my "corrective VCAA notice" from AMC that they were talking about an "earlier effective date"!

As soon as you get the info, I'd appreciate it if you'd let me know.

Semper Fi

[Guest jstacy]

Was it a reopened claim?

3.157 Report of examination or hospitalization as claim for increase or to reopen.

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(a) General. Effective date of pension or compensation benefits, if otherwise in order, will be the date of receipt of a claim or the date when entitlement arose, whichever is the later. A report of examination or hospitalization which meets the requirements of this section will be accepted as an informal claim for benefits under an existing law or for benefits under a liberalizing law or Department of Veterans Affairs issue, if the report relates to a disability which may establish entitlement. Acceptance of a report of examination or treatment as a claim for increase or to reopen is subject to the requirements of §3.114 with respect to action on Department of Veterans Affairs initiative or at the request of the claimant and the payment of retroactive benefits from the date of the report or for a period of 1 year prior to the date of receipt of the report.

[Berta]

Yes she is correct -it depends on the medical evidence however-in the year prior to filing the claim-and also-

are you an AO vet? forget-

AO veterans have retro criteria due to the Nehmer Court Order unlike all other vets-

Depends on the AO disability, the date they published regs on it- and any past claims you had listing it as NSC and denied for SC.

Each AO claim should be gone over VERY carefully by a good SO or vet rep- when the award letter comes-

The VA has attempted to snooker Millions from AO vets and AO widows.