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recdir

Earlier Effective Date 2

Question

I was rated 0% back in 2001 for migraines and throughout this process I've continue being treated both by the VA and private doctors for this, finally in 2015 I was rated 30% but they only went back to 2013, my question is shouldn't my effective date been 2001?

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Almost certainly not, but its hard to say with the minimal information provided. 
What does your award letter say?  That will explain the rationale used.  Why do you disagree with the rationale? 

What happened and when? 

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Earlier Effective Date Generally, under applicable criteria, the effective date of an award of compensation will be the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 U.S.C.A. § 5110(a); 38 C.F.R. § 3.400. Pursuant to 38 U.S.C.A. § 5110(a), the effective date of an award based on an original claim for benefits shall not be earlier than the date of receipt of application therefor. In addition, 38 U.S.C.A. § 5101(a) provides in relevant part: A specific claim in the form prescribed by the Secretary must be filed in order for benefits to be paid or furnished to any individual. Both of the statutes clearly establish that an application must be filed. Pertinent law and regulation also provide that the effective date of an award of disability compensation shall be the day following separation from service or the date entitlement arose if the claim is received within one year of separation, otherwise the date of claim or the date entitlement arose, whichever is later. 38 U.S.C.A. § 5110(b); 38 C.F.R. § 3.400(b)(2).

 

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Then there's this, just maybe you weren't 30% till 2013 as determined by your Medical Evidence of Record.

We certainly could use more info, such as redacted copies of your Original DBQ and Denial Letter.

2001 SC @ 0%, 2015 Award increase to 30% Retro'd to 13. That's a long A$$ time, (13?yrs) for a DRO or BVA Decision from a NOD filed when, 2002 sometime? We really need some specifics relating to your Claim & Appeal.

Semper Fi

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I agree with the others. (Buck and Gastone).  We can not tell from what you posted what your effective date should be.   The Veterans benefit manual has 55 pages, if I recall, on effective dates, so its not simple.  My best recommendation is for you to take your decision to a competent vA attorney, probably NOVA, and ask him or her.  As already explained, we dont know when your doc said you got worse, and that matters a lot.  

Importantly, however, there are special rules which benefit Veterans when they apply for an increase within a year of getting your rating.  

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