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  • 14 Questions about VA Disability Compensation Benefits Claims

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

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    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

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bigbetty3id

Effective Date Help

Question

I have a question on effective date. I file a claim in 10/2004 before I ETS bilateral knees, I was denied and appealed it because I was denied. In 2006 VSO Rep told me to withdraw my appeal to get another one awarded and I did. In 2018 the appeal I withdrew was awarded effective date 02/2015 for bilateral knee. Should the effective date be 10/2004 or is it correct 02/2015 since I withdrew my appeal.

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This is a great question and thank you for asking this because I am in a similar boat. I had 1 VA at 800 Peggy told me that if I had a rating of say 20 percent total disability at the time of appealing and if denied then say a year passes and you are now 50 percent total rating that when they review the appeal that you would be rated 20 and they would back pay you as so because at the time you appealed, you were at 20 and as long as you did not go over the 1 year mark to appeal the decision that they would grant this...So in your case are you one of those that had a different rating from then and now?

Second, I was told two different answers from Peggy. That if you were on an appeal and go to RAMP then you loose time. I was told this today actually even though in the past I was told that you do not loose time as long as you appeal before the 12 month deal. You get denied, you sign a NOD and appeal etc. Sounds like you appealed then instead of appealing you submitted as a new claim? Either way, I am very interested in what you find out because 2004 and 2015-2016 is a huge difference and if they found that you had issues now and its been something you have been appealing since 2004 and if it was marked service connected then they should in my OP be listing this effective 2004 but I could be wrong and it sounds like you will need to somehow appeal the freaking date for backpay now.

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Once you start a claim never withdraw your claim.  You lose your effective date if you withdraw the claim and file a new one.  It sounds like you have been given bad advice if I understand your situation correctly.  Always remember that you have one year from the date of an award or denial to appeal.  File your NOD in that timeframe and you keep your effective date. 

There is one other catch the VA sometimes uses, that is when they declare your condition was decided to be at a rating at the time of your C&P.  I filed for increase of PTSD in 2007 was denied and appealed and was given an effective date of the C&P for the appeal; 2013.  I appealed this again and my EED was moved back to 2007.  The appeal of an EED does not always win but if you keep your case running you have a chance.

Edited by vetquest

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