Date of Claim? How to change that?

[Treymon]

I was granted my appeal from an NOD that I sent in in 1990. Now the VA is saying that the claim was for Jan. of 2015 and not in Dec. of 1990. Do I send in another NOD about this and what can I realistically expect? Thanks

[broncovet]

Effective dates are probably the most complex issue in Veterans law.  Due to the length of time involved, (and thus retro money), you will likely wind up getting an attorney to straighten this out.  

Your effective date is the later of the "claim date" or facts found, that is, the date the doc said you were disabiled.  There are multiple exceptions to this.  

Unfortunately, since VARO has complete control of your cfile, they can/ and do manipulate the date you applied.  They can simply discard the documentation of your claim filing, and you have to prove they are wrong.  

Do you have documentation that:

1.  You applied in 1990?

2.  That the facts found support a diagnosis, in service event, and nexus were established at that time, AND that your disease did not get worse.  SOmetimes you can get a Fenderson (staged) rating if your disabilites worsened.  

However, you cant change the "claim date" but you can appeal the "effective date", which is what your benefits are based on.  There is much posted here on effective dates, and Im not repeating it all.  

[broncovet]

You appeal the effective date by filing a NOD on the proper form, AND THEN, within 60 days after the VA sends you a SOC, you must file an I9.   

[Gastone]

What is the Date of your recent Award Letter that in your opinion has the wrong Effective Date? What does your E-Ben Claim History show as a timeline? What Claim did you or your VSR file in Jan 2015?                                                                                                                                                                    Is there a chance that the 1990 NOD was Denied by your RO and the Decision became Final? If you and/or your VSR have the EOR (Evidence of Record) to prove the 1990 NOD was still in play, have your VSR file an Official Request for CUE Review for EED. You could get the EED within a couple months. Keep in mind, this does not stop your NOD Filing Deadline.         Semper Fi

[john999]

If you have proof that you filed the NOD in 1990 and your claim was never denied and became a final decision then the VA dropped the ball and your effective date on the injury could be 1990.  The VA is going to go the limit to wriggle out of paying you 27 years of retro.   This is where you might need a lawyer and not depend on VFW.  I know about claiming decades of retro and VA will spend a million dollars to deny you because your case might eventually set some precedent.  During the 1990's did you move and is there possibility that the VA sent you some notice that you needed to appeal your claim to BVA?  With me the VA sent some sort of letter back in 1973 and it was returned to sender address unknown but VA said it was all my fault for not pursuing my appeal.