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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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Fearless

Earlier effective date question.

Question

January 2019 - submitted claim

February 2019 - C&P exam

July 2019 - Submitted supplemental claim with new evidence 

September 2019 - Awarded 100% non p&t for major depression with an eed of 8/15/2019

Shouldn't my eed be January 2019? I left my job because of this disability in 2017 and have not worked since. 

 

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Fearless

If the new evidence submitted with your supplemental had a diagnosis and it is the first time you had that diagnosis that the VA recognises, they probably can use the later date. In any case, you can request for EED as a formal claim. You don't have anything to lose now.

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The procedure is to file a nod, disputing the effective date, within a year of the decision, not to file a "new" claim for an eed.  

While I agree with fearless, that it sounds like the effective date should be the date of claim, there is an exception, which I dont know if it applies, since I have not read fearless' records.  Your effective date is the later of:

The date you applied or:

The facts found (which is the date the doc said you were disabled.)

Now, I have no idea "when" the doc said you were disabled.  You can check your own records and find that, hopefully.  

There are exceptions to the general effective date rule, which I paraphrased, above.  

Its even possible for you to get an effective date BEFORE Jan. 2019 in at least 2 circumstances, which I will bold, below:

Quote

38 U.S. Code § 5110.Effective dates of awards

prev | next
(a)
(1)
Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or asupplemental claim, of compensation,dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.
(2)For purposes of determining the effective date of an award under this section, the date of application shall be considered the date of the filing of the initial application for a benefit if the claim is continuously pursued by filing any of the following, either alone or in succession:
(A)
A request for higher-level review under section 5104B of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(B)
Asupplemental claim under section 5108 of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(C)
A notice of disagreement on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(D)
Asupplemental claim under section 5108 of this title on or before the date that is one year after the date on which the Board of Veterans’ Appeals issues a decision.
(E)
Asupplemental claim under section 5108 of this title on or before the date that is one year after the date on which the Court of Appeals for Veterans Claims issues a decision.
(3)
Except as otherwise provided in this section, for supplemental claims received more than one year after the date on which the agency of original jurisdiction issued a decision or the Board of Veterans’ Appeals issued a decision, the effective date shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of the supplemental claim.
(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.
(2)
(A)
The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application.
(B)
For purposes of this paragraph, an original claim is an initial claim filed by aveteran for disability compensation.
(C)
This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America’sVeterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act.
(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.
(4)
(A)
The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran.
(B)
Aveteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled.
(c)
The effective date of an award of disability compensation by reason of section 1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date.
(d)
The effective date of an award of death compensation, dependency and indemnity compensation, or death pension for which application is received within one year from the date of death shall be the first day of the month in which the death occurred.
(e)
(1)
 
(i)
Whenever any disallowed claim is readjudicated and thereafter allowed on the basis of new and relevant evidence resulting from the correction of the military records of the proper service department under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of readjudication of such disallowed claim. This subsection shall not apply to any application or claim for Government life insurance benefits.
(j)
Where a report or a finding of death of any person in the active military, naval, or air service has been made by the Secretary concerned, the effective date of an award of death compensation, dependency and indemnity compensation, or death pension, as applicable, shall be the first day of the month fixed by that Secretary as the month of death in such report or finding, if application therefor is received within one year from the date such report or finding has been made; however, such benefits shall not be payable to any person for any period for which such person has received, or was entitled to receive, an allowance, allotment, or service pay of the deceased.
(n)
The effective date of the award of any benefit or any increase therein by reason of marriage or the birth or adoption of achild shall be the date of such event if proof of such event is received by the Secretary within one year from the date of the marriage, birth, or adoption.

 

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