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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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William1121

Rate increase

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OOPS!  Its too late you waited too long!  Seriously, you can apply for an increase at any time.  

It takes VA so long to do our claims, Vets sometime go through "several" increases, by the time they get it processed.  Its called Fenderson, or "staged" ratings.  

If you ask for an increase within a year, you can actually get an earlier effective date.  See "number 3" below:

38 U.S. Code § 5110 - Effective dates of awards

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(a)
Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.
(b)
(1)
The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.
(2)
(A)
The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application.
(B)
For purposes of this paragraph, an original claim is an initial claim filed by a veteran for disability compensation.
(C)
This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act.
(3)
The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.
(4)
(A)
The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran.
(B)
A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled.
(c)
The effective date of an award of disability compensation by reason of section 1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date.
(d)
The effective date of an award of death compensation, dependency and indemnity compensation, or death pension for which application is received within one year from the date of death shall be the first day of the month in which the death occurred.

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broncovet

Is the EED Considered from when the  veteran became P&T or from the date of the claim for increase?

I was awarded TDIU  P&T in 2003  but in the award letter the rating specialist mention that although your award is 2003  we paid you back to when you first filed  claim for increase in 1999...Now on this issue which date can I go from my 20 year protection? 2003....or 1999?

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Buck...

As explained (ok, its not very clear) in reg number 3, above, it means that:

1.  You apply for a disability. Ex ample:  You apply April 1, 2010.  

2.  You apply for and get an increase.   Example:  You apply for increase on Feb. 1 2011.

      In this example, your effective date of the increase will be April 1, 2010, because you applied for an increase within year.   This assumes, of course, that your conditioned worsened while VA was processing your benefits.  

      Source:  In 2012, I got about 10 months of extra retro, and the board said it was because of THIS Regulation.  

    As far as your 20 year protections, they become "protected" 20 years after the effective date, not after the date of the decision.  

    Alex Graham got retro back to 1994, and his 20 year protection was 2014, before he even got the decision ( I think it was before).  

Hope this helps.  

    If necessary, I can cite the exact wording of the board decision, but, its basically here:

http://www.purpleheart.org/ServiceProgram/Training2011/W-2 Common VA Effective Date ErrorsL.pdf

 

Its "number 5" on the link on pages 41, 42, and an explantion which follows.  

 

Edited by broncovet

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