Question About Retro?

[Buck52]

IF a veteran established SC.for his disability but with 0% in 2010 and refiled for increase in 2014 for the same disability and was awarded 50% for that same disability

could he appeal the decision because they should have rated his disability back in 2010?? VA says they base this on his refile for increase in 2014& awared the 50%

he was awarded the 50%in 2014 and happy with it . I said hang on here something not right I'll find out.

I had another vet helping me with his claim and he mention that to me?

Anybody know for sure? if he can get reto back to his original file date? for the 50%increase?

Thanks in Advance

..............Buck!

[brokensoldier244th]

When was information introduced to the record that shows onset of worsening before the date they calculated? Usually it is from the date of the unofficial or official claim forward, not back to forever- unless there was an error.

[Buck52]

He was sent for C&P in 2014 because he filed for increase in 2014 that's when they came back with 50%increase!

4 years later! from the original file date in 2010.

Buck!

Edited March 5, 2015 by Buck52

[broncovet]

Effective dates may just be THE most complex portion of VA law. I have studied effective dates in a fair amount of detail.

Your best information is to read the NVLSP information on "Common VA effective date errors".

I will help as much as I can.

Did you appeal the 2010 decision within the one year time period? If no, you have a much more difficult job in getting a 2010 effective date.

But, all is not lost.

One of the best ways to get an earlier effective date is to use 38 CFR 3.156. This, basically says if you submit new and material evidence, then that should go back to the date you first applied, that is, if you are in the appeal period.

Example:

You applied in 2010, and got 0%. But, you find out the VA did not know about a particular doc report, and that doc report had highly favorable evidence, and they gave you zero percent but after they find out the new evidence they should rate you back to 2010, the beginning of the appeal period.

Dont take my word for it, read this and see if it applies to your case:

http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

Or, take it to an experienced lawyer for VA claimants, and see what he says.

Edited March 5, 2015 by broncovet

[brokensoldier244th]

But, that evidence has to be from that time period, right? You can't, say, appeal, and on the last day of the year after get in your appeal form, and the evidence from a C&P had afterthat, and expect the effective date to back to when you originally appealed.

[broncovet]

Everyone wants a simple answer, but VA stuff is rarely simple:

Best is to thoroughly read this, and you decide if/how it applies to your case:

http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

[Buck52]

broncovet

unfortunately no he did not file within a year for increase!

I just found out about this a month ago and decided to help this vet....but aren't they exceptions in the provision of the CFR's?

we working on your ''example'' he needs to get me all of his medical reports back to the date for increase but I wanted the med report from the 2010 date of 0 % Award.

..........Buck!