ptsd Disability Page And Effective Dates

[dlkorsak]

Hello All,

Thank you for everyone who contributes I have found tons of valuable information.

My claim was filed 12/15/2014

According to ebenefits it was just completed.

On the disability page I have three different dates for contentions:

For example:

Degenerative Joint Disease, Service Connected, Pre-discharge Exam 6/26/2014

PTSD Service Connected, PTSD-Combat 6/25/2013

Tinnitus, Service Connected, 12/15/2014

My question is does any know if the backpay will just start with the claim file date, 12/15/2014 or will it possibly be backdated per contention?

Thanks in advance

[USMC_VET]

If you got out recently it will be backdated to the day after discharge (doesnt look like this is your case)

More than likely will be dated and retro'd to your claim date, however there are some other factors like was this an appeal? had you filed before been denied, filed a NOD and appealed from a prior date? or is this your first time claiming. Reason im asking is because of the PTSD date given?

[broncovet]

Each issue COULD have a different effective date.

Your effective date should be the Later of the "date you applied" OR the date the doc said you became disabled. Since I have not seen your C and P exams, I wont speculate on the date the doc said you were disabled. You, however, can look it up if you have copies of the C and P exams (good idea). You can also read to see if your doc gave evidence to SC you. That is, did he state that it was "at least as likely as not" due to military service.

Based on your post about "service connected" dates, then, you should get retro from then (but not while you are in the military). Remember, tho, VA LOOOOVESSSS to give "service connection" at 0 percent. Its like mailing you a check in the amount of $0.00

each month.

EXCEPTION to the above: As USMC pointed out, if you applied within 12 months of your discharge, your effective date can be back to the date of discharge.

[dlkorsak]

Thanks for the replies,

I initially filed but was awarded 0% because I think there was an issue with the C & P exams. I didn't appeal or request increase I simply filed a new claim, probably from lack of knowing what I was doing. So this decision is from the claim submitted in December of 2014/

[broncovet]

Overcoming finality when you did not appeal the 0 percent and getting an earlier effective date is gonna be tough.

One way to do this is to prove CUE. There is much on CUE here, and I will not discuss it here.

You may also be able to overcome finality for an earlier effective date with 38 cfr 3.156.