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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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Ann Bracey

Effective Date

Question

Before I file Form 9 I would like as many answers to this as possible. Since I was granted DIC and SC for husband's death, I am after an earlier effective date . I know the effective date of 2012 was made because I reopened with Nexus letter that was not in C-File when husband died in 2010. The letter from doctor had treated my husband from 2006-2007.  The first denied claim for SC was made in 2011 and the evidence includes VA Form 21-534 received 2010. After my long awaited hearing in 2017 finally granted DIC and SC for death May 2018 with effective date of 2012 when reopened. Should effective date not be 2010??

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You can not tell for sure, based on the evidence you posted.  The general rule for effective dates is that it will be the later of "facts found" or the claim date.  Even if you applied in 1998, you wont be given that effective date UNLESS the doc said you were disabled in 1998, and, your symptoms were consistent with that rating.  Carefully read over these rules and see what applies to you:

https://www.law.cornell.edu/uscode/text/38/5110

You should also read 38 cfr 3.156b and 3.156c.  Determine if the reopening was due to "service records" 3.156c or "new and material evidence to a pending claim", 3.156b.  These are treated differntly.  

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