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.

[Berta]

I meant the October decision at 90%, as to their Reasons and bases and then also the Evidence list and the rating sheet-for the 90%  prior to this newer award you scanned and put here.

[SSGT T]

The PDF that i uploaded is the 90 percent decision letter from October. I am still waiting on the new decision letter. Thank you for your help.

[broncovet]

Once you get the new decision letter, we can better advise on how to help you.  That is, concerning your effective dates.  

Effective dates are one of the most complex areas of Veterans law.  Yea, it should be simple, your effective date is the later of the facts found or the date of claim.  

There are at least 5 exceptions to this general rule, as I posted in the NVLSP letter earlier.  

The exceptions are:

1.  38 cfr 3.156 C and 3.156 b, new and material evidence.  You need to review the file to see if you submitted new evidence with a pending claim.  

2.  38 cfr 3.103.  Did VA send you all the required notices of your appeal rights?  

3.  Informal/inferred claims.  

4.  Claims for increase within a year.  

5.  Liberalizing laws.  

      Each of these 5, plus Vets who applied within a year of discharge, has many rabbit holes to go down to see if there is a rabbit down that hole.  And I didnt even mention CUE, which books can be written on.  

Edited April 24, 2018 by broncovet