Effective date question

[Draw808]

Say I separated January 1, 2015 with in service complaints about back problems no diagnosis.

Filed a disability claim on June 1, 2016. 

Had C&P exam March 17, 2017 and VA me with discogenic disease.

VA service connected me on the date I was diagnosed.

Should it be date the claim was filed or is it correct with the date it was diagnosed? 

[Buck52]

I still say the EED should be date cLaim was filed.or recieved from the VA MAYBE WITHIN 3 DAYS June 1st ,June 2ND ,OR June 3RD 2016

*filing electronically then the date would be June 1st 2016

Can be the date VA Received the claim.

he got out of the service Jan 1st 2015  he had a C&P Exam on date 3 '17' 2017  ok he is still within the one year limit on these dates given, so even if the VA Diagnosed him   the EED CAN'T BE UNTIL A CLAIM WAS FILED FOR THIS CONDITION OR WAS RECEIVED FROM THE VA.

 A lOT OF US HAVE BEEN DIAGNOSED FOR THINGS ALONG THE YEARS  BUT IF WE NEVER FILE A CLAIM FOR THEM  THEN THEY CAN'T SERVICE CONNECT THAT CLAIM UNTIL THE CLAIM IS FILED OR RECEIVED .

i HAVE BEEN DIAGNOSE FOR SLEEP APNEA A FEW YEARS AGO & PRESCRIBE  A C-PAP MACHINE TO USE...BUT UNTIL I File a claim for it  theres no EED BEFORE THAT, ALTHOUGH FACTS WERE FOUND THAT  I HAD SLEEP APNEA AT A LATER DATE..AGAIN A CLAIM MUST BE FILED FOR THE EED.

[Buck52]

 Direct service connection (§ 3.4(b)). Day following separation from active service or date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later. Separation from service means separation under conditions other than dishonorable from continuous active service which extended from the date the disability was incurred or aggravated.

[Buck52]

I GUESS WE ALL HAVE OUR OPINIONS ON THIS BUT FROM ME TO BE HONEST I REALLY DON'T KNOW ON THIS ONE??? i WOULD SAY THE EED IS WHEN THE VA FIRST RECEIVED HIS CLAIM.

Maybe one of the elders like Ms Berta or Alex Can sit us straight on his correct EED..for this claim?

[broncovet]

I agree with Rogue.   File a nod and dispute the effective date.  

Here is why:  

   The regulations on effective dates were included by Rogue and did not say, "the date of first diagnois".  Its the later of "facts found" or the date you filed.  

Think about this:

     You walk into a C and p examiners office.  Did you walk into his office "healthy" then leave his office "with a disability"?  This suggests his exam CAUSED your disability.  

So, you went to the examers office..healthy.  The doc diagnoses you with a condition so you are "now" disabled?  Nope.  You were disabled before you ever went in for that c and p exam.  

    Remember, the doc is "required to review your records" at a c and p exam.  This means if a previous doctor has already diagnosed you, he can agree with that diagnosis, or dispute that diagnosis.  

    C and p examiners "normally" dont diagnose or treat diseases.  That is not their job.  They review your records, and make an opinion based on your exam and those records.  So, ITS LIKELY ANOTHER DOC HAD PREVIOUSLY DIAGNOSED YOU, and that establishes an earlier effective date.  

    This is just "one way" VA hornswaggles our effective date, by using the "date of C and P exam" because the doc did not give a date.  

[vetquest]

I am waiting on an NOD for EED.  I was declared entitled to SMC-S on the date that the rater made the determination that I was disabled under TDIU for one condition.  I am filing in that I have opinions by doctors that I was totally disabled due to my one disability that they noted in their determination five years later.  You can never say for sure how this will fall out.  I am hoping to prove that I was in fact disabled on the date of my claim but they will most likely go with the raters determination and I will have to go to the BVA.  There I think I will win.

[Buck52]

But broncovet

How can the VA work a Claim if there's no claim that was filed?   (only a diagnose.)

veterans can get a diagnose anytime For condition...> as for as EED he needs to file a claim .

now  say for instance if he is dx 10 years earlier and finally decides to file a claim  do you honestly think the VA will go back to the date he was first diagnose?...and lets say its not a presumption  A.O Claim or Nehmer Claim( That he probably could get a EED.)

I mean if  there's no CLAIM FILED, how would they know to schedule a C&P  just based of a Diagnose? or facts found   Looks like to me they have to have filed a Claim

Now I HAVE HEARD SOMETIMES THEY PASS   UP THE C&P IF ENOUGH SOUND SOLID  EVIDENCE IS FOUND IN HIS RECORDS   AND A VA Doc files the claim for him..I have heard of that  but that gives the VA something to go by or work with....Even for a EED.

If a Veteran can recover EED just based on a Diagnosis  years ago  hell I may try it because I have several diagnose from years ago I probably could get S..C For   do you think I could get a EED BACK TO ABOUT 15/18 YEARS  AGO?   EVEN IF IT WAS JUST A 10%  they be all kinds of Veterans  going for the EED. 

I MUST BE LOSING MY MY MIND BECAUSE I DO NOT UNDERSTAND YOUR LOGIC OR THE REGULATIONS.

Edited January 13, 2020 by Buck52