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mcsanty

Effective date

Question

Hello 

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.

Question

 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 

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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.  

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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

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"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."

 

Question

 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.

 

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