Earlier Effective Date for PTSD and/or TBI if VA never informed of prior diagnosis?

[BWA1544]

My husband is a purple heart disabled veteran with a current rating of 50% (due to shrapnel injuries from mortar blast). He was in Iraq from ’04-’05.  He has just started talking to the VA about filing new claims for PTSD, TBI and a knee injury. While speaking with the VA social worker, she informed him he was diagnosed with PTSD in 2007 and TBI in 2013. He was never informed of these diagnoses at that time. Everything we read online says that there is no way to get an earlier effective date other than the date of his most recently filed claim (March 2018). Looking for advice if anyone has been successful in winning an EDD due to never being notified of the diagnosis? Any other advice you can share while going through this process? Thanks so much in advance for your help.

[Berta]

I did but only because the disabilities were from VA malpractice.

The date of a formal claim is usually the EED....99% of the time.

 "While speaking with the VA social worker, she informed him he was diagnosed with PTSD in 2007 and TBI in 2013."

A social worker's PTSD diagnosis will not conform to the 2010 PTSD regulations, avaialable here under a search.

TBI vets some years back were not being properly diagnosed with TBI, and now it has to be diagnosed by a VA doctor with some expertise in TBI.

I regret this isnt what you hoped for but others will chime in.

Was he being treated by VA for the PTSD and TBI in 2007 and 2013?

With a PH on his DD214 the VA should concede a stressor.

 

 

 

[broncovet]

Well, no.  There are a "limited few circumstances" when your effective date can be earlier than the date of claim.  

One is if you apply within a year of discharge.  

The message is quite simple:  You dont get any benefits until/unless you apply for them.  Its not the VA's responsibility to tell you that you can apply if/when you get a certain diagnosis.  

There is a law firm who explains this, here:

https://www.tuckerdisability.com/blog/how-does-va-decide-the-effective-date-of-a-veterans-service-connected-disability-compensationclaim/

[broncovet]

Another exception is if you can demonstrate an INFORMAL CLAIM, prior to 2015.  (After 2015, you have to fill in the applicable form, prior to that, you could request benefits (quoting from a Vet on another site) "on a napkin".  

There are 3 requirements to qualify for a "informal claim". (In addition to it has to be prior to 2015):

1.  An informal claim must be "in writing".  If you tell some VA employee that you wish to apply for benefits, this will not suffice UNLESS there is a written record of that conversation. (VA's records..not yours)

2.  The VEteran must "demonstrate an intent to file for one or more benefits".  (show intent to apply, thus the new form "Intent to file").  

3.  The Veteran must "specify the benefit sought".  This is fairly liberally interpreted.  You can apply for "a pain in your back", you dont have to self diagnose a slipped disc between c3 and c4.

     Now, prior to 2015, certain doctors appointments and hospital admissions qualify for a "claim for increase"...not an original claim.  An original formal claim required the VEteran fill out the appicable form, but an increase can be requested informally, since the VA should already have all the Veterans stuff on file from his first (initial) formal claim.