Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0

Effective date



I need some help,  I submitted a notice of this agreement back in May 2015 , for Claim that was denied back In  November  2015 for anxiety.

 On April 26, 2018 It shows that my NOD was complete ,VA granted me  100% for Anxiety/ Depression.


 Now back in April 14, 1997 . I submitted  an information  claim , requesting  for increase for my back and hips injuries  that the VA awarded me 10% back in those days.

 Attached to that claim there was a statement , from my  Private doctor  explained my condition and that I was suffering from anxiety and depression, And that I was not able to work and that he describe  me medication.


 Now that I am awarded 100% for Anxiety and depression ,Can I dispute the effective  date  , and if yes what do I have to do what form do I have to submit.

 Thank you 

Share this post

Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

Yes, you can dispute the effective date.  I can not tell you whether or not it will be successful.  

The effective date is the later of "facts found" (usually the date the doc said you became disabled) or the date you applied.  There are exceptions to this.  

Here is (perhaps) a problem with what you posted.  

When you go to the doc, its assumed you go there for TREATMENT, not necessarily to apply for benefits.  

To "apply for benefits" you have to have 3 things, (back then):

1.  The application needs to be "in writing".  

2.  You have to "show intent" to apply for one or more benefits. 

3.  You have to "specify the benefit sought".  

With all this said, your conversation with your doctor "may" have been construed as an application for benefit increase.  

Its rather complex Veterans law.  

Due to the amount of retro involved, it may be in your best interest to hire an attorney to seek your earlier date.  

While the VA does not "advertise" this, make no mistake:  A GS7 rating specialist "probably isnt" going to cut you a check for about a half million dollars in retro.  

This usually happens by a judge, sometimes at the BVA, sometimes at the CAVC level.  

My suggestion is you send the applicable decisions and information to an attorney experienced in Vetereans law, probably a NOVA attorney.  Typically they will charge nothing up front, but 20 percent of your retro.  https://www.vetadvocates.org/cpages/sustaining-members-directory

Some well known Veteran's attorney's are Hill and Pontoon, CCK law, Ken Carpenter of Topeka Kansas, Chris Attig at Attig Steele.  Im pretty sure any of these will "review" your case and decide if they think you have a winnable case.  They will want to see your documents, most dont want to just "interpret" YOUR interpretations of the decision, but they would rather read the decision themself and then decide.  It should cost you zero for an evaluation, and then you could decide whether:

1.  To hire that attorney.

2.  To hire a different attorney.

3.  To have a VSO represetnt you.

4.  To represent yourself.  

      There are also "non attorney" practioners, such as Alex Graham who is very very familiar with VA law, yet does not have a law degree.  I would avoid any representation where they require "up front" money.    This said, its possible you will need an IMO/IME to win your case, and that practioner will likely want to get paid whether or not you win your claim.  I have no idea, for sure, if you need an IMO/IME, but you may need to document that you were unemployable now and back then.  

Share this post

Link to post
Share on other sites


  • 0

I would and put the report that stated that with it.  don't put it as a cue put it as early effective day claim. If it dnt work u still have the cue route

Share this post

Link to post
Share on other sites
  • 0

"Attached to that claim there was a statement , from my  Private doctor  explained my condition and that I was suffering from anxiety and depression, And that I was not able to work and that he describe  me medication."



 Now that I am awarded 100% for Anxiety and depression ,Can I dispute the effective  date  , and if yes what do I have to do what form do I have to submit."

Did you formally claim the anxiety and depression prior to the EED you have now?

Did the VA adjudicate the anxiety and depression in any past decision, prior to their award?

For some reason ,we have seen here lately, a few vets who think their EED should be better but never formally filed a past claim for the same thing....??????

38 CFR 3.156 and CUE are ways to get a better EED.

BUT that is only if the VA had rendered a past decision on a actual formal claim for the same disability.


Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.


      • 10 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!


      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines