Increase effective dates

[DevilDog12]

I have a C&P for an increase of my 30% rating for MDD on Tuesday.  I'm pretty confident I will get an increase.  Now, since it has been less than a year since my original claim was decided, and filed for increase shortly after, does my effective date stay the same, or does it change to the new file date of request for increase?  

I also have been seeing a VA Psycologist and Psychiatric doc, and the increased my medication.  So I think I have a good shot.  Just don't understand the effective dates.

 

[broncovet]

Read this again.  I am gonna try saying it in "Vetspeak" not lawyer jibe.

The one that applies is "Number 5"

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

Lawyer jibe:

 effective date of a claim for increase is the [ increase is the [e]arliest e]arliest date as of which it date as of which it is ascertainable that an increase in is ascertainable that an increase in disability occurred if claim is received disability occurred if claim is received within 1 year from such date within 1 year from such date 38 C.F.R. 38 C.F.R. § 3.400(o)(2) & 3.400(o)(2) & Dalton v. Dalton v. Nicholson, 21 Vet. App. 23 Nicholson, 21 Vet. App. 23 (2007)

Vetspeak.  If you applied for an increase within a year, then you get an earlier date back to when the doc says you got worse (your disability increased).  

Broncovet comment:  This regulation (3.400(o)(2) was cited when I got almost another year of retro back in 2012.  In other words the VARO made a mistake not applying this regulation and I appealed and the BVA caught it and made em give me another year retro.  

NOTE:  Do your own interpretation of lawyer jibe, mine may not be accurate.  

Edited February 21, 2016 by broncovet

[Vync]

Broncovet is on the target again!

One very important thing to do when filing an increase is to get and read copies of your medical records periodically. The VA often tries to be sneaky and cheat veterans out of an earlier effective date by assigning the date either of when you filed for the increase or the C&P date. Look at your medical records for the 12 months prior to when you filed for the increase. Like Broncovet said, if you find criteria which meets a higher rating within the preceding 12 months from when you filed, that should be your effective date. If the VA either "accidentally" misses this when you receive the BBE, be sure you point it out to them.

[DevilDog12]

I had my original C&P for MDD back in October 2015.  I filed for an increase a month later due to the fact that symptoms had gotten worse.  Now, I did request to see a VA Psych doctor, and have had meds increased, and have had a few session with VA Psych doc.  I was just confused as to whether my effective date will stay the same as original effective date, or be the later, which was November 2015 when the increase was filed.  Still confused because of the 1 year rule. 

[DevilDog12]

Im guessing it will be a new effective date.  Probably the date I filed for increase, correct?

[broncovet]

You could get it to a year earlier, based on when the doctor said you had a worsening of symptoms.