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Incorrect Effective Date
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Stephanie
I'm in the process of an appeal for an earlier effective date on a recent increase in disabilty compensation, and I'd like to get an opinion on how they apply the dates for my specific situation.
I filed a claim for a skin disability in October of 2001. The VA granted the service connection and assigned a rating of 10% in Feburary of 2003. In March of 2003 I filed an NOD stating that I felt the condition warranted a 60% rating. They came back and stated my condition increased to 30% and they made it effective to October 2001 (date of original claim). I filed another NOD within the one year time frame and they denied the claim with a Statement of the Case in June of 2004. I filed a notice that I would like to appeal. While awaiting the appeal I had my VA primary care physician write a report that the condition warranted a 60% rating. Finally in January of 2006 the VA granted me the 60% rating, however the effective date only went back to August of 2005 (the date my doctor wrote the report). Which leads me to where I am today.
If you file an original claim and it is on continuous appeal for 5 years and never finalized, shouldn't the effective date be the date of the original claim? I find it funny that they retroacted every rating increase to the date of original claim, until it the increase changed my monthly disability payment.
Anyone ever had this problem, and if so, how was it resolved?
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