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steven13081

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Probably not.  The effective date is the later of the date you applied or facts found. Its rare when you could get military compensation and disability compensation at the same time.  

However, if you apply with in a year of discharge, you should get retro back to the date of discharge, so apply.  

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I have a favorable findings disease and injury primary condition migrains service conected while on duity July 1989. Shouldn't it be binding I'm now 50 percent migrains varient Concushions service conected. Also have a favorable findings concushions while on duity 1998 shouldn't I get my saved effective date for back pay

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William  I'm not sure what your conditions are but...How long ago did you receive your service connections. Date. It kinda depends on how long you have had your grant. If you applied and won back in 1989, yes that's a long time. But I'm guessing you received the disability award from the VA much later. If it has been a long time, the next time you go for a C&P, you can ask them to make it permanent. Static. If I understand you, you had a separate disability for concussions. Was it from the same event? Did you apply for that disability also? Or, did you submit recently? You don't get separate disability for the same symptoms. For example, if you have headaches from a TBI , you don't get another disability for migraines. That would be considered pyramiding.

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12 hours ago, William Hederson said:

I have a favorable findings disease and injury primary condition migrains service conected while on duity July 1989. Shouldn't it be binding I'm now 50 percent migrains varient Concushions service conected. Also have a favorable findings concushions while on duity 1998 shouldn't I get my saved effective date for back pay

No not if you were paid from 1998 for whatever you were service connected for  to present..unless your meaning  back pay for increase?  if you got it back then? 

OR YOU MIGHT TRY RE-ASKING  YOUR QUESTION IN BETTER DETAIL (MORE INFORMATION)

  OR MAYBE YOU NEED TO REQUEST A HISTORICAL ADUIT ON WHAT THE VA HAS PAID YOU FROM JULY 1989/ AND FROM 1998?

but in General I Agree with what  broncovet mention above.

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TRY TO DEFINE WHAT YOU MEAN BY ''FAVORABLE FINDINGS''  YOU NEED TO GO BY WHAT DATES YOU WERE SERVICE CONNECTED FOR AND WHAT THE CONDITION WAS/IS?

EXAMPLE  ''I Was service connected on such and such date for? & depending on your rating and what the criteria was for that particular condition at the time you were rated? ...what did the VA pay you at the time they rated you? a lot of factors & dates  here to consider.

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13 hours ago, William Hederson said:

I have a favorable findings disease and injury primary condition migrains service conected while on duity July 1989. Shouldn't it be binding I'm now 50 percent migrains varient Concushions service conected. Also have a favorable findings concushions while on duity 1998 shouldn't I get my saved effective date for back pay

I suggest that you start a new separate thread and please give as much information as possible.  I agree that it would be rare, but it is not impossible. It really depends on many different variables.  Example: If you filed a claim for migraines back in 1998 and was denied and later was granted service connection for migraines then yes it is possible if your  medical records/evidence proves that you met that criteria back in 1998 then you will have to file a claim/CUE claim to request an earlier effective date.  Back in 1998 VA was denying claims as NOT WELL GROUNDED (NWG) but failed to review the veteran's entire file both SMRs and VAMC/PRIVATE records. Search 38 CFR 3.156 and or 3.157 and go from there.  As stated above, it would be rare but it is not impossible but you better know that VA will not roll over easy to grant this claim because the retro would be a pretty hefty size, so be prepare to file a claim to BVA and or CAVC and get a lawyer. We really need more information from you  to better advise you.  

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Steven:  While I do agree with Pacmanx1, you should start a new post.  However, since you are new, I will respond this time only, next time, start a new topic.

If you apply for benefits WITHIN 12 months of your exit from service, you should get benefits beginning the day after you got out of service. 

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

Specifically:

Quote

b)

(1)
The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.

If you dont apply within a year of exit from service, then your effective date will be the later of the date of application or facts found, but with the exceptions found in 38 USC 5110. 

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  I am fully aware that I am not always right but what must be said must be said. 

BORNCO, STEVEN13081 OP (Original Post) was on May 14, 2019 and you responded May 15, 2019. He has not responded to your post.

WILLIAM HEDERSON posted on October 22, 2020 and GBARMY, BUCK and I responded, and I encouraged him to start a new separate thread. We know very well that effective dates are complicated and earlier effective dates are even more complicated due to what is in the veterans file, what the veteran claimed and if the veteran received a decision, positive or negative. This post is just for clarity, so future posters will not get confuse and fall into responding to the wrong post. We try our best to tell posters not to hijack other posts and just simply start their own post where they would most likely get more responses. We all know that things happen.

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