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Question about Effective Date
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paulstrgn
I received my decision on my HLR for hypertension and now I have some questions.
1st, in the decision there is a statement “An evaluation of O percent is assigned from July 26, 2014, one year prior to the date we received your claim which was continuously appealed.” This is one year before I filed my first claim. Should the effective date be July 26, 2014 or should it have been July 26, 2015 when I filed for hypertension?
I am asking because if this is the case should my original disabilities (40%) have also been July 26, 2014? If so is it to late to appeal it? I think yes but thought I would ask.
Also part of the original claim was for my OSA which was part of the hypertension appeal that was granted on July 2, 2019. The effective date given for OSA was July 26, 2015 for 30% and then 50% as of September 11, 2015. Should the effective dates also been in 2014 also?
Needless to say if this should have had an EED this would make for a nice retro pay for me.
My hypertension was granted from a BVA win on July 2, 2019. I originally filed on July 26, 2015. Should the VA have used a BP reading from my medical records to have rated my hypertension back to July 26, 2014 instead of giving me a 0 percent rating, my medical records would have least given me 10% back then. Or am I just out of luck?
Thanks for all the advice.
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GBArmy
Paul, I expect that others might disagree, but I would look at it this way. EED equals more $ than you have now. Kinda extra $, or "house" money if you will. I would give up a piece of that for a good
Richard1954
Paul it should be the date you filed the claim .. or the date you retired or left service which ever is most recent I have also seen the va state in one of my claims , " the day of your first treatme
Guest
Have you tried to research Fenderson Stage Rating? Fenderson v. West, 12 Vet.App. 119, 126 (1999). It looks like that is what happened and I may be wrong and others may chime in. It appears you fil
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