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dsteele713

Retroactive date: incident that is the basis for increase was within one year of separation, claim was not filed within one year of separation

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dsteele713    1

Right after separating I filed my initial claim, that went fairly well and I was rated at 80% combined with the disability in question (reactive arthritis) receiving a 60% rating

A little under a year after leaving the service I had an arthritis attack that led to severe inflammation of the eyes, and I had to deal with severe photophobia and eye pain that prevented me from doing pretty much anything other than laying in bed when I wasn't at the VA. I was pretty busy with all the medical appointments (and meds) required to get the inflammation under control, and partially as a result of that I didn't initiate my claim until about 2 months after the one-year window, and the claim wasn't actually submitted until almost a full year after that.

So my question is about what the retroactive date should be. I know answering this would have been much easier if I had just filed the claim within one year of separation, but frankly with the state I was in during the 2-week window between when the attack started and the one-year date, it wasn't going to happen.

Is there any chance the claim (if approved) could be backdated to separation, or is that simply not going to happen?

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broncovet    3,175

Given what you posted, its unlikely to be backdated to your seperation date.  VA is vicious when it comes to enforcing rules as long as those rules benefit Vets.  

HOwever, your effective date is the later of the date you applied or the "facts found", with some exceptions, only " one"  of which you pointed out (when the Vet applies within a year of discharge).  Effective dates are complicated, and dont always turn on just ONE thing.  There are other things which could result in an earlier effective date.  

Example one:  Informal claims.  If you had a doctor exam, then there are some circumstances when that exam becomes the date of an informal claim.  

Example TWO:  38 CFR 3.156.  If you submitted new and material evidence with a "pending claim", that can becomome your effective date.  

You should consider taking your file to a NOVA attorney and ask that attorney if there is anything in your file that would warrant an earlier effective date.  

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dsteele713    1
16 hours ago, broncovet said:

Given what you posted, its unlikely to be backdated to your seperation date.  VA is vicious when it comes to enforcing rules as long as those rules benefit Vets. 

You should consider taking your file to a NOVA attorney and ask that attorney if there is anything in your file that would warrant an earlier effective date.  

I'll talk to one, though you're probably right, it's not going to happen

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