effective date

[jcarr2525]

Good day fellow veterans.   My question involves effective date for a TDIU award.  Long complicated VA administration story I will try to simplify.

I am US Army service connected 70% (Bipolar 1, PTSD, panic disorder) Vietnam combat vet.   After decades of suffering I had very bad experience with panic and flashbacks and suicide plan in July 2018 and was 

admitted to VA psychiatric ward Loma Linda for a week.  The VA had already been treating my Bipolar 1 for 10 years (lithium, remeron, prazosin, lexapro et al).  The VA psych ward doctors diagnosed PTSD, Bipolar 1, and panic disorder on my records.  I was discharged to the suicide prevention unit.  During my stay on the psych ward, a social worker approached me and said. "do you know you are the only patient on the ward without a disability claim."

I was directed to local VSO and claim was filed in August 2018.  After two C & P exams my rating was raised from 50% to 70% effective 11/23/18.  My personal non VA doctor of 8 years (seven years before any VA claim filed) completed a DBQ with extensive medical history and addendum illustration of medical research from various medical school which show the combination of Bipolar 1 and PTSD, panic disorder has a terrible comorbid relationship

The comorbid combination of these disorders has an "extremely" disabling affect on the patient with very negative clinical outcomes.  My VSO said I should apply for TDIU which we submitted on May 6, 2019.

The VA sent me for another C & P where the doctor only verified my early noted symptoms on record (which hsaid appeared worse) and actually told me tthat I am unable to work because of my service connected disabilities.

Because the VA completely lost my entire claim during the course of review and Ebenefits said "case closed" I wrote to my local congressman for help.  That was 3 weeks ago and suddenly everything on Ebenefits is moving quickly.

I was given 5 hours notice for the psych eval which I was able to drive across state to attend.  Therefore I think (dangerous to predict the VA I know) that I will receive TDIU.

My question is what is effective date?  I have read somewhere in a case like this it is the first claim date August 14, 2018 which makes sense as I was just a disabled then as today.  Others say the effective date is when the form filed May 6, 2019.  I am managing my expectations as the VA has consistently disappointed me.    

Any advice from the group much appreciated.   Welcome home all.

[broncovet]

Your question is on effective date, so I will limit my opinion to your question.  

Your effective date, as always, is the later of the date you applied for TDIU or, the date the doc said you were unable to maintain SGE due to sc conditions.  (facts found).  There are exceptions to this general effective date rule.  For example, if you applied within a year of exit from service, the effective date should go back to the date of exit from service.  There are other exceptions to the general effective date rule, but they may or may not apply to you.  

The effective date laws are here:

 

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

[vetquest]

Your TDIU effective date will most likely be May 6 2019, the date you filed, if you are awarded TDIU.  If not request your cfile and see if the first doctor's C&P is in your claim file.  If it is you have a very good route to appeal.

[Buck52]

I agree with both these members broncovet and Vetquest

I believe they will use your effective date the date you first filed for this disability.

This is why a Veteran should file his/her claim ASAP or as soon as they realize they have a claim for a disability that was military related.

as broncovet mention a claim can go back to when the facts were first found or the disability  first arose..but that's very  very hard to prove.  you need all in service medical records  as well as all private medical records and Dr's Notes.

Edited July 14, 2019 by Buck52
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