Question about Effective Dates

[SSGT T]

I am recently discharged veteran who got out of active duty on June 27, 2017. I started the process for disability while still on active duty and was awarded 90% combined disability rating in October but due to me receiving separation's pay i did not start receiving payments till Jan of this year. During that time I spoke to a VSO and was told to appeal the decision because my notes from C P Exam were more in line with a higher rating. The only problem is I didn't know what I was doing and I submitted it as a new claim instead of appealing the original one. I was awarded the 100% rating for generalized anxiety disorder and persistent depressive disorder with sleep impairment and bruxism but they effective date is 3/5/2018 instead of 6/27/2017 like my original claim. Is there a way to get the date changed to my original claim.

[broncovet]

Based on what you posted (alone), yes, it looks like you should get an earlier effective date.  Here is why

(but there may be other reasons also).  

38 CFR 3.156 B and number 5:  http://www.purpleheart.org/ServiceProgram/Training2011/W-2 Common VA Effective Date ErrorsL.pdf

In a nutshell, if you sent in "new evidence" while the claim is still pending (within a year of your first decision), then they should have re opened the claim (3.156 b).  

Also, read this:

 (5) When SC Disability Worsens w/in 1 Year Prior to Claim effective date of a claim for increase is the [ increase is the [e]arliest e]arliest date as of which it date as of which it is ascertainable that an increase in is ascertainable that an increase in disability occurred if claim is received disability occurred if claim is received within 1 year from such date within 1 year from such date 38 C.F.R. 38 C.F.R. § 3.400(o)(2) & 3.400(o)(2) & Dalton v. Dalton v. Nicholson, 21 Vet. App. 23 Nicholson, 21 Vet. App. 23 (2007)

It appears you have 2 possibilites for an earlier effective date, and I would nod for both, and let the Board figure out which applies to you.  It may not matter to you if you get an eed from 3.400(o)(2) or 3.156 b (pending claim).  

    But there is more...since you applied within a year of discharge date, the effective date should go back to the date of discharge.  I see 3 possible methods for an EED.  

 

[Berta]

"During that time I spoke to a VSO and was told to appeal the decision because my notes from C P Exam were more in line with a higher rating."

I agree with the great advice from Broncovet

But there might be a third way to handle this.The 90%  rating sheet might contain a CUE.

". I was awarded the 100% rating for generalized anxiety disorder and persistent depressive disorder with sleep impairment and bruxism but they effective date is 3/5/2018 instead of 6/27/2017 like my original claim. Is there a way to get the date changed to my original claim."

Can you scan and attach the rating sheet  here ( cover C file, name ,address prior to scanning it.)

With the 90-% did they consider you for TDIU? Or were you employed when they rendered the 90%.

Was that a 100% combined rating?

Maybe it would be best to scan and attach here the entire older decision to see their Evidence List and how they rationalized  the 90% rating.

 

Edited April 21, 2018 by Berta

[SSGT T]

How do you scan and attach a document

 

Edited April 21, 2018 by SSGT T

[Tbird]

 

[SSGT T]

I have attached a copy of the original decision letter.

VA Disability Scan.pdf

Edited April 22, 2018 by SSGT T
Added picture showing updated effective date for 100%

[SSGT T]

Would there any thing I needed to upload