Award Letter Effective Date

[Buck250]

Hi,,first post,,thank you all for such a informative website! Hope i am posting in correct area,, have a 10% rating for wrist from 2002,,, I filed on eben new claim for hearing loss/tinnitus on Sept 2013,,,Well i started my claim Sept 2013 and came back to the claim June 4 2014, which is when i finished it on Eben., I was awarded SC 0% hearing loss and 10% tinittus affective date of 4 jun 2014,,,i started it on Sept 2013 to save my date,,, is my affective date correct,, thanks

[broncovet]

Your effective date is the LATER of:

1. The date you applied.

2. The date the doctor said you suffered your disability. (facts found).

You need to check your C and P exams to see what date the doc gave as your date.

Often, the VA uses the date of the C and P exam if the doc does not list an effective date.

[Berta]

The date the "entitlement arose" is another factor.

Lots of good info on that in this thread:


I couldn't bump it up so I think the thread was closed.

I challenged ,in talking with my Nehmer lawyer, the date they said my husband's "entitlement arose" for his undiagnosed and untreated IHD.
But she told me they used that date from a C & P exam (that was NOT in his med recs whebn I got them many years ago.
It was only a few months difference however, but still it meant that a C & P (they said for his PTSD) had mentioned the heart disease.
Odd how that exam was Not available in the med recs when I filed a FTCA.......it could have been critical to that case........

So I then agreed with the entitlement date and did not appeal that part of the award.Even though my FTCA involved the earlier date the IHD malpractice began.

This is a difficult concept to comprehend sometimes...the date entitlement arose.....
but it seems to mean the initial medical documentation that reveals the disability, with some time constraints.

Heck I think the entitlement date for many of our PTSD combat vets should be the day they left the war zone, whatever war it was.....

but VA doesnt care what I think.

[Buck250]

thanks to all,,Broncovet my C@P was jul22 2014, my award letter eff date is jun 4,2014 the day i finalized and submitted claim on Eben. My date stamp is on the orinal app as 13 Sept, 2013. the reason i waited to finalize app is trying to get more evidence. My SMR had the hearing test and I was S/C hearing loss for 0 %,,and 10 % tinuttus. I also have the eben email message for claim rec Sept 13 , 2013 stating i had 1 year to complete claim, to keep claim date. I am looking for best way to approach, if i am entitled earlier date. Thanks Berta for info.

[stillhere]

This could be a good time to ask for a reconsideration and base it on your information that covers your Sept. date. Usually reconsiderations go quicker?

Would be nice to pick up the phone and call but not with anything dealing with government!

Stillhere

[broncovet]

What date did your doc (C and P exam) say your disability "arose"? As Berta said, the effective date is the later of the Facts found (date the doc says you were disabled, that is, the "date the disability occurred, or arose") or the date you applied.

You will have to look at your C and P exam to see the date the doc said.

This being said, unless your doc hornswaggled you on the date (if he said your disability arose on June 4, 2014, then the only way you can refute that is to hire another doc to refute it..."lay evidence" wont refute doctors statements)

However, if the doc said nothing, or an earlier date, this is likely a RO mistake which you should be able to appeal correctly. Look at your C and P to see if the docs date matches what the RO says is your effective date.

You can still appeal even if the doc is wrong, but, understand, you will likely have to hire an IMO to overcome the docs opinion. You will need to decide if its worth the money for an eed or not, as an IMO will cost you money, probably.