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Earlier Effective Date Question

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bobz

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bobz

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I got rated at 50% due to left side weakness due to cva in 2009. However they gave me the rating in 2012 and made that the effective date because of when the clain was filed. The VA neurologist I was seeing in 2012 stated and put in my medical records that it was due to the cva in 09. Their contract doctor who did the C&P exam agreed with her, that is how it got rated. Also in my VA medical records is where I had complained about it in 09 and they ran test looking for compressed spine and nerve damage. Basically they said there was narrowing between C 5 & 6 but not the cause of the problem. They also sent me to physical therapy for a while but it didn't help. When I got my award letter it stated "left side weakness due to CVA," no mention of when. Along with this I was awarded disability at 100% from social security in 2011 based on this and mental health issues both of which are service connected. I am waiting on the VA gods to do something with my TDIU claim which they defered when I got my 70% according to their math. The numbers actually add up to 100 but we all know how that works.

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bobz Enthusiast

bobz

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I think you can get them to go back to '09 but it'll probably be a battle. You should have filed a claim back then. I'm curious why they rated your CVA SC??pr

I did guess I forgot to mention that. It was turned down and as I was relocating didn't do anything to follow up on it until I lost the job I had.

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broncovet Grand Master

broncovet

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You posted,

"they gave me the rating in 2012 and made that the effective date because of when the clain was filed"

Your effective date will be the LATER of the "date filed" or facts found (this means the date the doc says you were disabled).

It isnt enough to complain of health problems to your doctor, you must "show intent" to apply for benefits. It will always be assumed, when you talk to your doc, that you are "seeking treatment" and not "seeking benefits".

To establish you filed an informal claim, you need to meet these 3 criteria:

1. The informal claim has to be in writing.

2. You have to "show intent" to file for benefits.

3. You have to "specify the benefit sought".

If you beleive you can show you met the above criteria earlier, then by all means file a Nod for an earlier effective date. To reiterate, if you applied in 2009, but your doc said you were not disabled until 2012, then your effective date will be 2012.

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Berta

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“Also in my VA medical records is where I had complained about it in 09 and they ran test looking for compressed spine and nerve damage. Basically they said there was narrowing between C 5 & 6 but not the cause of the problem. They also sent me to physical therapy for a while but it didn't help .”

Did the VA diagnose the CVA (stroke) and treat it when it happened in 2009?

“did guess I forgot to mention that. It was turned down and as I was relocating didn't do anything to follow up on it until I lost the job I had.”

Do you mean you filed a claim for the stroke that was denied, you didnt appeal, and now they are rating it as SC?

I have the same question as PR has..... how was the stroke service connected?

I am a little baffled here.......

Do you mean they rated you at 50% SC in 2012 , for the same stroke you had in 2009 that they denied SC for?

That sounds like a basis for CUE.

Did that stroke fall under this criteria from the VA SRD:

"8007 Brain, vessels, embolism of.

8008 Brain, vessels, thrombosis of.

8009 Brain, vessels, hemorrhage from:

Rate the vascular conditions under Codes 8007 through 8009, for 6 months

100"

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=c130ec487ea61b8a40ad0836188b94bc&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38

You got the rating in 2012 and then

"I am waiting on the VA gods to do something with my TDIU claim which they defered when I got my 70% according to their math."

So you have not filed a NOD because they have not considered the TDIU yet.....?

Have you checked them via ebenefits or IRIS for a status on the TDIU claim?

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Berta

Berta

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OK I found a past post you made:

That explains this a little better I think........

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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