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Increase granted


jfrei

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So my migraines increased from 0 % to 50%. 0% for 8 years and then I finally go to a C&P solely for my headaches and surprise your actually 50% not 0 but the EOD is 2018 not 2010. That would come with back pay of July 2010 to Nov. 2016 of 90% to 100%. Doesn’t sound like allot but comes out to allot just wanted to know if this   Sounds like a legit EED. I guess I am looking at finding an attorney if it sounds like I have a case? Kind of frustrating it took to 2018 to have a Separate exam aside from a TBI review. Had the RO said yes to 2010 comes out to about 100k so you know that wasn’t happening...

Edited by jfrei (see edit history)
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Your effective date, as always is the later of the "date you applied" or "facts found", that is, when the doc said you were disabled OR you had an increase.  Since I dont know either of these, you will have to check your file and see what the doc says as far as an effective date.  

In the case of an increase, there is a special rule that can get you an earlier effective date, but only for a year or less.  (USC 3110), in pertinet part:

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3)

The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.

 

 
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It’s hasn’t been a year yet and I filed and was granted the 0 in 2010 I had multiple trips and to the ER for them and never was given an exam I filed for an increase in 2016 2017 2018. They never gave me an exam separate from my tbi review  except in 2018. And the doc said they were post traumatic migraines this time to my TBi at 50% secondary to the residuals. I couldn’t file an increase sooner since it took that long for service connection in 2016. Then they said it was P and T in 2016 but said my migraines secondary were still 0% I was frustrated but I wasn’t unhappy just coming from two back to back appeal wins. I filed for increase in July and yet they still put the EED of June...

Edited by jfrei (see edit history)
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