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E.E.D. Question?

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Buck52

Question

  • HadIt.com Elder

What would be the EED Here 

Example

Veteran WAS RATED 50% & filed for increase 1999... Had DRO HEARING  & was awarded the increase to TDIU P&T in Feb 2003.

DRO Mention that this veteran was paid retro back to the 1999 date of when he first filed for increase The adjustment from the 50% to the IU 100%RATE

Now for the 20 year protection rule since they paid him back to the 1999 date for the IU what would be the date for his 20 Year Protection Rule?   the 1999 date when they paid him back to that date  or the 2003 date he was adjudicated the IU?

 

Anybody know?

Thanks.

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Follow up to this from the VA Website for EED info :

https://www.benefits.va.gov/compensation/effective_dates.asp

How Effective Dates are Assigned

Listed below are the most common types of claims and generally how effective dates are assigned for each type.

Direct Service-Connection

Generally, an effective date for service-connection for a disability that is directly linked to an injury or disease that was incurred or aggravated by military service is the date VA receives a claim or the date entitlement arose, whichever is later. The date entitlement arose means the date the condition was shown to exist by medical evidence.

There is an exception in cases where the claim is filed within one year of separation from active military service. For these claims, the effective date will be the day following separation.

So the part I'm focusing on is: whichever is later?   VA Claim EED now is 2015.  STR show issues when leaving service in 1997 "shown to exist by medical evidence" ???  Later backwards in time?(Medical evidence in STR)  or later forward in time? (When claim filed)?

Thanks all. 

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