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Rakkasan

Reconsideration Effective Date

Question

I submitted a claim in Oct 2017 for GERD and was S/C for 10%. I submitted a reconsideration with my DBQ as new evidence and I just found out that it was bumped up to 60%. That's incredible and I am happy. However on eBenefits it says that my effective date is 2/8/2018 (the day I submitted the reconsideration.) I know I should wait for the BBE but I was just curious if the effective date is actually this or should it have been back in October because it was not a reopen claim but in fact a reconsideration of the current claim? Thanks.

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Several times I have had the V.A. make the date of reconsideration the date that the award took effect.  The BVA backdated one award back ten years.  The local office may make the decision to backdate but if not make sure to appeal.

Edited by vetquest

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11 minutes ago, vetquest said:

Several times I have had the V.A. make the date of reconsideration the date that the award took effect.  The BVA backdated one award back ten years.  The local office may make the decision to backdate but if not make sure to appeal.

That's excellent news! I was hoping they would backdate it but was unsure. Thanks!

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Its complicated.  If you submitted New and material evidence the effective date will depend upon:

1.  Is it new service records?  38 cfr 3.156 c, says this should always result in an earlier effecitive date. 

2.  If its a pending claim, then it should also be an earlier date.  3.156 b

    However, if the claim is NOT pending and its NOT service records, then the date will be the date you submitted the new evidence.  

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