Effective Date Of Issue On Appeal

[justrluk]

Good Morning!

Am I correct in assuming that the effective date of an item on appeal would be the date the VARO received the appeal? Or, is it the date of the original decision? I'm trying to find this but just can't seem to....

[justrluk]

Ummmm - confused me, too. Must have had a brain-frt (migraine for week and on meds). I may have filed a request for increase after I filed an appeal. I just can't remember sometimes. Now, they're all mixed in the same appeal action. The GERD issue was filed years after the Psoriatic Arthritis issue and the C6-C7 increase came up at the hearing. I think it is just out of convenience they are trying to resolve the GERD thing first. Either way, you're right: NOTHING they've done here makes sense.

[FormerMember]

Just so Hadit members are not confused, Vets only have one "claim" with the VA. That is the date you filled out the Form 21-526. That is called your original claim. Anything, be it spongebob squarepants syndrome or hemorrhoids, is merely a continuation of this original claim. And PR is correct. If there is any method to the madness under which VA works, it remains an enduring mystery to us all.

[justrluk]

Thanks, Asknod - I should have been a bit more specific. I'm at 9+ years dealing with the VA and still get confused. Meds/headaches/bipolar cycling doesn't help much at all either. I just can't believe the two main issues of the appeal were the ones not entered into the system post-hearing until August. The one I wanted to drop is the first one they process. Go figure. Hopefully, I'll know something soon. In the meantime, I have to figure out how to pay the deductable on water damage to my home (7K in repairs) so I don't have much time to obsess about VA stuff. Although, I'd much rather obsess about the VA remand than deal with a torn up home.

[broncovet]

The effective date is one of the most complex aspects of VA law, and it is done this way by VA on purpose. Your effective date is generally the later of the "facts found" or date of claim.

There are, however, several exceptions to the general rule, above. First, 38 CFR 3.156 can result in an EED. Next, if you file within one year of active service, you can get an effective date from the date of discharge. Cue plays a part, and can also result in an EED. There are still more exceptions to the general rule, above. After you are awarded benefits, you should check to see, especially, if you had informal claim(s) the VA "forgot" about, or shredded the records, or, if the claims were "inferred" such as in the event of SMC effective dates.

There are also subtle differences between a claim for increase, or the original claim, and special considerations for secondary conditions. In short, after you are awarded benefits, it could be productive for you to run your claim by a lawyer, to see if he think an earlier effective date is possible.

[justrluk]

Thanks, Bronc and all that have contributed. I'll just have to wait and see what happens, but at least I'll be armed when the response comes.