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Effective date correct..?

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dragbug

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First time poster apologies if this is the wrong place to post this. 

I submitted an Intent to File February 2018. Actually submitted the claims (Migraine Increase, Allergic Rhinitis Increase, TMJ Reconsideration, Eye problems New Claim,  etc...) in March 2018. Claim was closed in May 2018 and I was denied the increases for Migraines and Allergic Rhinitis but approved for the Eye issue at 0%. 

Contacted my VSO at the DAV that I was not happy with the outcome and would be getting more evidence and would submit it all to him when I was ready. 

August 2018 I emailed my VSO a DBQ and Nexus letter from my Dentist for my TMJ claim and asked him to hold it until I was ready to submit the claim as I was waiting for my appointments for my allergies for the Allergic Rhinitis claim and migraines. He replied back that he would upload them to my file until I was ready to file a claim for reconsideration. A couple weeks later I emailed him my headache log for migraines and noticed that there was an open claim listed with a submitted date of August 7 2018 for TMJ. I asked the VSO about it and he said he didn't know why there was an open claim since he did not submit the proper form but not to worry about it. So.....I kept submitting all of my documents as I got them. 

Last week my migraines were approved at 50% which pushed me to 100% P&T which is great but the effective date is now showing as August 16 2018 which is the actual date I emailed him the headache log. 

For the original increase claim, I had submitted a headache log that had only one month worth of headaches on it. I was asked to jot down my headaches to late. A C&P was given and it lasted all of 5 min. The examiner refused to even look at the headache log. I was asked what a typical headache was like. Well, I get 4-5 headaches a week. I didn't know the proper terminology then. So a typical headache was moderate and I was able to cope with it. But I had "prostrating" headaches at least 2-3 times a month. However, I was never asked that questions and I didn't know that term back in March. I was denied according to my denial letter based on a typical headache not lasting more than a day or two and not having a prostrating headache of more than 1 in a couple months. For the reconsideration (or was this an NOD?) I had gone to the VA Neurologist, kept the headache log from March and had the VSO upload it in August and a new C&P was given in October which was far far better. Many more questions and the examiner wanted my headache log and happily accepted the VA Neurologists notes I printed from my VA medical records.  

So, shouldn't my effective date be back in February? Or is August the best I can hope for? Thank you for the assistance. 

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File a NOD, and dont let your VSO suck you into thinking a reconsideration is the same thing.  Dispute the effective date.  Effective date rules are some of the most complex VA law of all, and not all attorneys handle effective date issues.  

Generally, your effective date is the later of the "facts found" (the date the doc said you were disabled) or the date you filed.  

It "may" not matter, however, that you did not file a nod "if" you submitted "new and material evidence" within that year under 38 cfr 3.156 B (pending claim) or 38 cfr 3.156 c (new service records).   

When you file a nod, be sure to point out you submitted new evidence to reopen the claim.  

 

 

 

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Ok just so I understand you correctly, I want to file an NOD against the effective date based on the new evidence I submitted to reopen the the claim for migraine increase? The new evidence you would be referring to would be the updated headache log I submitted in August or the Neurologist notes or the newest C&P exam or all the above? As far as I know, it was the latest C&P exam that actually proved my case which was conducted on 1 November (Mistakenly said it was given in October but just checked calendar). The headache log was just the initiator to the claim I think and probably wasn't even considered, or maybe it was. I have yet to even get the official letter yet in the mail. 

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I just got my letter today. Is there no way to attache files on this forum? Here is a google drive link to the pertinent page. Oddly enough, nothing listed about my headache logs in the evidence. Decision was based on the C&P exam it looks like. 

 

EDIT: Here is the original increase claim for the migraines that was started by the intent to file I submitted in February 2018. I received a reply from my VSO today about my displeasure with the effective date and his reply was that I can request a reconsideration and he suggested I submit a detailed VA form 21-4138....?

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"Is there no way to attache files on this forum"

Yes there is- cover your C file, name, address, on the document and then scan it, save as doc, or any type the accepted file thing states below, and then you an attach it here by choosing the file.

I tried it wth an old doc to see if I got that right.

 

Certificate of Appeal VA worksheet.doc

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