38 U.S.C. 5110 Determining Effective Date of Claim

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I started the intent to file a claim in November of 2014.  I found that raters are supposed to reference the following information when determining effective dates for periods prior to March 24, 2015.

I don't really understand this as it seems contradictory.  My situation, I applied for a rating of peripheral neuropathy in 1994, I never had an exam, but was told it was denied due to lack of evidence.  I reapplied with my July 2015 claim.  M-21 tells me to reference the following section to determine effective date.  There is evidence in my VA records that go back to early 1987 of neuropathy and it is consistently noted every year since then.  If this is in fact the reference the rating official must use would they establish a rating date as far back as records allow or a year prior to my "intent to file a claim" date of 11/14 (so as early as 11/13)?

Authority: 38 U.S.C. 5110(a))

(b)

Claim.

Once a formal claim for pension or compensation has been allowed or a formal claim for compensation disallowed for the reason that the service-connected disability is not compensable in degree, receipt of one of the following will be accepted as an informal claim for increased benefits or an informal claim to reopen. In addition, receipt of one of the following will be accepted as an informal claim in the case of a retired member of a uniformed service whose formal claim for pension or compensation has been disallowed because of receipt of retirement pay. The evidence listed will also be accepted as an informal claim for pension previously denied for the rea-son the disability was not permanently and totally disabling.

(1)

Report of examination or hospitalization by Department of Veterans Affairs or uniformed services. The date of outpatient or hospital examination or date of admission to a VA or uniformed services hospital will be accepted as the date of receipt of a claim. The date of a uniformed service examination which is the basis for granting severance pay to a former member of the Armed Forces on the temporary dis-ability retired list will be accepted as the date of receipt of claim. The date of admission to a non-VA hospital where a veteran was maintained at VA expense will be accepted as the date of receipt of a claim, if VA maintenance was previously authorized; but if VA maintenance was authorized subsequent to admission, the date VA received notice of admission will be accepted. The provisions of this para-graph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established or when a claim specifying the benefit sought is received within one year from the date of such examination, treatment or hospital admission.

 

services hospital will be accepted as

the date of receipt of a claim. The date

of a uniformed service examination

which is the basis for granting sever-

ance pay to a former member of the

Armed Forces on the temporary dis-

ability retired list will be accepted as

the date of receipt of claim. The date

of admission to a non-VA hospital

where a veteran was maintained at VA

expense will be accepted as the date of

receipt of a claim, if VA maintenance

was previously authorized; but if VA