Earlier Effective Date for Increase

[gsxrmike]

Was recently granted 100% P&T after filing a supplemental claim for an increase in my Mental Health rating.  I submitted the intent to file in mid-2018 and then filed my claim about 11 months later 2019.  The VA scheduled me for a C&P exam with their Psychiatrist, who screwed up the exam and ultimately led to me continuing to be rated at 30%.  I then received a DBQ from my Mental Health Doc at the VA and submitted a supplemental claim, which led to an increase to the 70% rating for MDD and brought me to 100% P&T.  The issue is they dated the effective date for the 70% rating to the date my VA Mental Health Doc completed the DBQ, which was November 2019 and not back to my intent to file date of mid-2018.  I believe that I should be back paid to at least the intent to file date due to 38 CFR 3.2500, (h)Effective dates, (1) Continuously pursued claims.  To make matters more interesting, the DBQ from my VA Mental Health Doc says that I’ve been having all of these issues for the past 6 years. 

With the above said, here’s my questions:

1) Should I appeal the effective date of my claim?  If so, via what method?  I’ve been told Higher Level Review or to submit a 10-182 (Board Appeal - NOD).

2) If I should appeal via HLR, can I submit an HLR after a positive outcome on the Supplemental Claim?

3) If I appeal the effective date is there any chance they could reverse the decision on my 100% P&T rating or is that now protected for life?  I was told that an HLR could result in a reduction or the reviewer seeing something that could require future exams.  Is that true?

4) Are there any other issues I should consider before filing an appeal?  Any additional documentation I should try and gather from my Mental Health provider?  If I do get additional evidence can/should I submit this as another Supplemental Claim or am I forced to going with HLR or Board Appeal?

[Buck52]

Roger That!!!