Initial File Dates And Effective Dates

[Vetsforvets]

Hello again everyone.

I filed nod for my sc effective date being wrong. I filed initial claim 4/10 and received a sc effective date of 3/11. My initial claim was denied (under dx c&p) and was granted sc during the appeal process. The effective date given was my dx date and not my initial file date.

So, which is the correct effective date?

[broncovet]

The effective date is the latter of the date you applied or facts found. The facts found is the date the doc diagnosed you. If you did not have a current diagnosis prior to that, you wont get benefits.

This said, I have never met anyone yet who walks into a C and P exam healthy, and walks out 100% disabled. If he did that, the C and P examiner should be sued for crippling you.

VA often uses the exam date, and does not even look to see if you had been diagnosed with the malady prior to that. If you have another doc who said you had that diagnoses earlier, then you could likely win your earlier effective date.

Did you read your C and P exam? Did he opine that you just now (at the c and P exam) got the disease, or if you had it for a while, and if so, how long did the doc say you had it?

[Vetsforvets]

My appealed sc award letter stated that the examiner miss dx me. I've always heard an emphasis on getting retroed from your initial file date. Misinformation, I guess.

[Vync]

One other thing to consider is if you filed within 12 months of getting out of service. If you did and won, the effective date should be awarded back to the date you got out. If you waited too long, then it is what Broncovet said.

[Philip Rogers]

It should be the date you filed, period. Anything else is just the VA screwing you!!!!!!! jmo

pr

[toddt]

http://www.benefits.va.gov/compensation/effective_dates.asp

Generally, an effective date for service-connection for a disability that is directly linked to an injury or disease that was incurred or aggravated by military service is the date VA receives a claim or the date entitlement arose, whichever is later. The date entitlement arose means the date the condition was shown to exist by medical evidence.

There is an exception in cases where the claim is filed within one year of separation from active military service. For these claims, the effective date will be the day following separation.

If VA finds an error in a previous decision, the effective date of the new decision will be the date from which benefits would have been payable had there not been an error.

[Philip Rogers]

http://www.benefits.va.gov/compensation/effective_dates.asp

Generally, an effective date for service-connection for a disability that is directly linked to an injury or disease that was incurred or aggravated by military service is the date VA receives a claim or the date entitlement arose, whichever is later. The date entitlement arose means the date the condition was shown to exist by medical evidence.

There is an exception in cases where the claim is filed within one year of separation from active military service. For these claims, the effective date will be the day following separation.

If VA finds an error in a previous decision, the effective date of the new decision will be the date from which benefits would have been payable had there not been an error.

Bear in mind that the symptoms need only be at 10% of the actual diagnosis, which is why "I say" the date of application, applies. You don't need to have full blown diabetes, but merely have to have a couple of symptoms.

pr