Effective Award Date of Disability Compensation

[bolt_vet23]

I created a claim using eBenefits on July 20, 2015 which established the notice of intent to submit a claim.  I have the email from the VA stating that I created the claim for disability compensation.  I officially submitted the claim July 12, 2016 and also have the confirmation email from the VA to prove it.  My claim was processed which increased my compensation amount.  I had assumed that I would receive back pay from July 20, 2015 to the award date, however, when I spoke with the VA they informed me that I only received back pay to August 2016.  I have no idea where the August date came from and when I requested additional information, I was told that I need to submit a NOD for the effective award date.  This is almost 16 months of back pay that I would not receive so it's not a small amount.  

My question is shouldn’t the award date be based on when the claim was initiated in eBenefits and not when the claim was was submitted? 

Thanks for your assistance.

[Berta]

I think the 2015 dated was redacted when you attached this?

Can you take a screenshot or print out of the ebenefits page that shows the Intent to file claim with the 2015 date?

That would help prove the CUE.

There was no Evidence list at all with the decision?

And no real rationale for the EEDs or even for their award......????weird....

It will take me time to find the actual M21-1MR they broke and that would contain the 38 CFR.

If VA does not state a rationale for why they picked a specific EED ( they usually always do state why they chose a specific EED) they can easily withhold retro, with no good reason.

Do you have a copy of the C & P exam?

Does the exam date coincide with the first date entitlement arose?

Still that would not make sense either,....

Others here will chime in on this,.....and I will try to find a legal citation to use for the CUE.

I thought one main reason for an Intent to File claim is to secure the EED.

I hope you hear back from your vet rep soon....

The info I posted above states:

"The Intent to File establishes an effective date for some formal claims (i.e. 21-526ez) filed within one year of VA’s receipt of the ITF."

I dont know what they mean by "some"........anyone here know?

 

 

 

 

 

[Berta]

Buck, when the 2000 VCAA became law ( aka the 5103 letter now) I could not believe how many violations of the VCAA began to show up  at the BVA ,a few years later,  causing a remand right from the git go.

At our old SVR show I spoke to Congressman Filner many times,about this ( he was the Chairman of the H VAC then) and even wrote to him to support an amendment to the VCAA...but that went no where and many many vets were in the beginnings of a tremendous backlog at the same time we were still at war, with many more vets filing initial claims, even at their discharge briefings.

I even asked BVA to remand my AO DMII claim because it held a VCAA violation,that was ludicrous but would prevent any other survivor from getting anywhere with a DIC claim.I wonder how many widows got letters that never complied with the VCAA, got denied, and never appealed.

I mentioned before, the BVA remanded instead for another posthumous C & P, that was OK...I wasn't worried about that , and stated in their award letter, after the C & P was done ( and I combatted it with medical evidence) that the VCAA error was moot because I had supplied the info the VCAA letter should have asked for.

The VA used the VCAA against us , and the 5103 probably has caused problems already too, and it is as bad as having a CUE in any decision....a CUE detrimental to the claimant....

I never thought to  ask them to CUE themselves in 2003,for my DMII death claim,due to the VCAA  violation, but it is the FIRST thing I would consider these days and I think vets reps should look for legal errors in any recent decision....whether an award or a denial.

VA isn't the enemy...time is...and many vets and even their survivors may never have the time to see their claim resolved before they die, because the backlog isnt getting much better..

VA caused the backlog...we didnt.

 

 

 

 

[bolt_vet23]

Something strange is going on because the date on the 526 form is July 2016, however, in eBenefits it shows that it was initiate in July 2015.  See file labeled “VA Benefits 2015” and “VA_2015_Claim” and both show the initiation or received date at July 2015. I've also included below auto generated emails from the VA regarding the initiation of my claim, expiration, and final submission.

 

Claim Initiation

Notice received Jul 20, 2015 01:39 PM

This is a message from the Department of Veterans Affairs (VA) to let you know that we received notification that you started an online claim for disability compensation benefits on 07/20/2015 01:39 PM.

Please remember that you need to complete and submit your online claim application within one year of your Intent to File date. If you have questions about the date we received your Intent to File, please refer to the eBenefits Claim Status page or VDC Dashboard. If you do not complete and submit your online claim within one year of your Intent to File date, it will be deleted and removed from the system.

If you are a Service member, you are allowed one year from your date of discharge from active duty to submit your claim.

_______________________

Disability Compensation Application Is Expiring in 210 Days

Notice received Dec 23, 2015 03:07 AM

This message is a reminder from the Department of Veterans Affairs (VA) that you have an open application for Disability Compensation in eBenefits that was started on 07/20/2015, but still needs to be submitted to VA.

Please make sure you submit your application to VA by 07/20/2016 or else it will expire and be removed from the system. We encourage you to log in to your eBenefitsaccount to complete and submit your open application for Disability Compensation. If you do not want to complete your application, you can delete it or allow it to expire on 07/20/2016.

If you have questions about this claim or your VA benefits, please contact your designated Veterans Service Organization, attorney, or agent. You can also submit your questions to VA's Inquiry Routing & Information Systems (IRIS) (https://iris.custhelp.com/app/ask/), and you will receive a response within five business days. For immediate assistance, please call VA at 1-800-827-1000 Monday-Friday, 8am to 9pm EST.

______________________

Your Application for Disability Compensation

Notice received Jul 12, 2016 08:50 AM

We are sending this message to let you know that you have successfully submitted your Application for

Disability Compensation. Your confirmation number is 54653035.

Your submission includes the following documents:

* VA Form 21-526: Application for Disability Compensation

* VA Form 21-0781: Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder

(PTSD)

If you have questions or need further assistance, call us at 1-800-827-1000 (711 if you use a TDD). A benefit

counselor can answer your questions and provide any additional information that you may need regarding VA

benefits or the claims process.

You can now track the status of your claim online. To see the current status, go to your eBenefits Dashboard at

( http://www.ebenefits.va.gov ).

his decision document is the weakest one that I’ve ever seen from the VA.  There’s no information regarding any of my claims, but only what was and was not awarded. 

I do not have a copy of the C&P exam.  Everything that I have is what’s been posted. 

Thanks