Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
NavyWife

Is This A Good Case For An Earlier Effective Date Using 3.157?

Question

Is this a good case for an earlier effective date using 3.157?

I'm looking to get some opinions. I've been reading about 38 CFR 3.157 as an exception to the usual effective date being the date of claim.

My hubby was med boarded out of the Navy & received service connection for seizures. I was able to access partial medical records through MyHealth E Vet blue button feature. I saw he was treated 5 times by the VA for seizures with the 1st time being in 1997. Since he had VA treatment for his service connected disability, and we have now filed a formal claim for increase of the seizures, would he be eligible for a 1997 Earlier Effective Date under the 3.157 exception?

Here's a link to the 3.157 wording.

http://www.law.cornell.edu/cfr/text/38/3.157

Below, I have posted some excerpts from a BVA case related to 3.157.

With regard to the terms "application" or "claim", the Board

notes that once a formal claim for compensation has been

allowed, receipt of a VA hospitalization report, a record of

VA treatment or hospitalization will be accepted as an

informal claim for increased benefits, and the date of such

record will be accepted as the date of receipt of a claim.

38 C.F.R. § 3.157(b)(1); see also 38 C.F.R. § 3.155(a).

38 C.F.R. § 3.155© provides that when a claim has been

filed which meets the requirements of 38 C.F.R. § 3.151 or

38 C.F.R. § 3.152, an informal request for increase or

reopening will be accepted as a claim. 38 C.F.R. § 3.157

provides that once a formal claim for compensation has been

allowed, the date of outpatient or hospital examination will

be accepted as a claim when such reports relate to

examination or treatment for which service connection has

previously been established or when a claim specifying the

benefit sought is received within one year.

Edited by NavyWife

Share this post


Link to post
Share on other sites

Recommended Posts

Does the 1997 exam show his condition worsened?

http://www.va.gov/vetapp13/Files2/1314713.txt

"The purpose of § 3.157(b)(1) is to avoid requiring a veteran to file a formal claim for an increased disability rating where the veteran's disability is already service connected and the findings of a VA report of examination or hospitalization demonstrate that the disability has worsened. Massie v. Shinseki, 25 Vet. App. 123, 132 (2011)."

Share this post


Link to post
Share on other sites

Ad

Technically, yes, his treatment should have caused a review of his claim and they should've given him an increase or at least considered it. jmo

pr

Share this post


Link to post
Share on other sites

Is this a good case for an earlier effective date using 3.157?

I'm looking to get some opinions. I've been reading about 38 CFR 3.157 as an exception to the usual effective date being the date of claim.

My hubby was med boarded out of the Navy & received a lowball 20% service connection for seizures back in 1990. We have never applied for any increase or filed any claims until now. I was able to access partial medical records through MyHealth E Vet blue button feature. I saw he was treated 5 times by the VA for seizures with the 1st time being in 1997. Since he had VA treatment for his service connected disability, and we have now filed a formal claim for increase of the seizures, would he be eligible for a 1997 Earlier Effective Date under the 3.157 exception?

Treatment can equate to several things.

If the 5 treatment records simply relate to medications, that won't be any help for an increase.

What do the 5 treatment records state in regards to

number of seizures in what amount of time period ?

This would be key to any increase for a seizure evaluation.

General Rating Formula for Major and Minor Epileptic Seizures:

Averaging at least 1 major seizure per month over the last year

100

Averaging at least 1 major seizure in 3 months over the last year; or more than 10 minor seizures weekly

80

Averaging at least 1 major seizure in 4 months over the last year; or 9-10 minor seizures per week

60

At least 1 major seizure in the last 6 months or 2 in the last year; or averaging at least 5 to 8 minor seizures weekly

40

At least 1 major seizure in the last 2 years; or at least 2 minor seizures in the last 6 months

20

A confirmed diagnosis of epilepsy with a history of seizures

10

Note (1): When continuous medication is shown necessary for the control of epilepsy, the minimum evaluation will be 10 percent. This rating will not be combined with any other rating for epilepsy.

  • Like 1

Share this post


Link to post
Share on other sites

Technically, yes, his treatment should have caused a review of his claim and they should've given him an increase or at least considered it. jmo

pr

phillip what happens if they didnt increase or even consider the increase in severity to raise the rating of the claim, what recourse do we have.

also are the regulations saying that an informal claim can be opened ? by just informing them of the hospitalzation and dates of treatment ?

Edited by 63SIERRA

Share this post


Link to post
Share on other sites

There was a federal court decision on 4 Jan 2013 that may have a favourable impact. I don't have the exact reference at hand, and hope that someone has it handy.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 3 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines