Date entitlement arose

[SPO]

Question 1: I've been told that the VA is has been only granting effective dates for supplemental claims back to the date the supplemental was received.  In my case it is a supplemental after February 2019 when the new appeals process went into effect, and has not been finally adjudicated (1st decision 5/15/19, HLR decision 2/24/20, now working supplemental).  I'm attempting to preemptively keep this from happening and get my effective date back to when the initial claim was submitted.  From the research I've done the VA orders and regulation say it should be granted back to the initial, but apparently they are taking date entitlement arose to mean they date they received all the information in the supplemental (i'm not sure if there is confusion between a continuously pursued supplemental, or one after the claim is finally adjudicated).  I have provided medical records showing a diagnosis back to before I submitted the initial claim, so the date the entitlement arose should be before the initial claim.   Anyone know if I am correct, or what I can do to persuade them to give me the correct effective date without going through appeal?  

Question 2:  Some of the medical records that support the older diagnosis date aren't 100% favorable.  While they do show the diagnosis, they show a reduced level of severity (didn't really like this doctor, he wouldn't listen) from what I currently experience.  Would this affect my decision?  Some of these medical records is now about 2 years old.  I just don't want to provide anything the VA can flip and use to deny me.

CFR 3.2500(h)(1)

M21-1, Part III, Subpart iv, Chapter 5, Section C - Effective Dates - 

III.iv.5.C.6.b.  Continuously Pursued Claims

Edited May 19, 2020 by SPO

[Buck52]

my grandson wanted to join, he was a graduate from Texas Tech University.

but still wanted to serve his country like his grandpa did, well he was a good candidate for OFFICER CANDIDATE SCHOOL (OCS)  But he choose to enlist and be like most soldiers..so he join up RA.

  I had informed him if he got hurt to always report it so it would be in your medical records & when you get out and if you ever have an old injury or disease from your military service you can file a claim and be compensated because we never know just how/when these old injury's or diseases will take t toll on us  as for as  be able to work and support our family's.

..well he took my word on that as he choose to be a combat medic and was deployed to Iraq..and was badly injured from a RSB  he recovered from his injury but it took its toll on him, he had broke his back and had several  mental fragments instlled in his Back...he got out and filed that claim within one year of his service and was compensated 100% with higher SMC's..its all about getting the information we need and the military does not supply that information  until its to late.

[pacmanx1]

I hate to say it but it really depends on the evidence in your claim and if there was a break in your pursuit. If you kept your claim opened and pending without a break then it should be the date that you originally filed. You may have evidence prior to your original claim but unless you filed within one year of your military discharge your effective date will be the date that you originally filed.  There is no way to tell what VA will do when assigning an effective date. Once you are service connected, VA will determine to rate your claim with a Fenderson Rating (You can look it up online) or an assigned rating if you can prove by medical evidence that you met that rating percentage over the entire pending claim period. Beyond that it is just pure speculation that no one knows or can even guess to what VA will do. Besides that, keep in mind that if you disagree with the effective date and or the rating percentage you have the right to appeal.

[SPO]

I figured it would be a mystery what the VA will do.  I was hoping to be able to drop a statement to influence, or least let them know, that I know what they should be doing.  

Any ideas about the medical records that aren't completely in my favor?  for what its worth I was denied for no clinical diagnosis.

[Buck52]

pacmanx1 has good advice.

Personally I think they should change the  one year after service to file a claim..simply when we got out there was no information on this regulations unless you went to the CFR's Yourself.

When most of us old timers got out we had nothing wrong with us  so no reason to file a claim  or  even if you knew too  but most of us that got out back in th early 70's never knew about these claims and most of us were in good health  so the one year time limit is a bad deal all the way around.

some old injury's take time to come back on us 

small example noise induced hearing loss takes years for you to lose your hearing  not 1 year...an old back injury that you may have had while in the military   may have heal and you went on your way  but after you got out  you probably never thought about that old injury/foot injury  ect,,ect,,...so you went on living your life until that old injury decided to come back.

...just my opinion but this 1 year after military time frame for filing a claim  is a bad regulation and no information about filing these claims for us what so ever...now days the veterans are told about all of this  as we older veterans were not informed what so ever. (jmho)

All this does is make us cough up our old records  to prove we were injured in military or our injury we revived back in military years ago  we need to prove all this and we can  it just makes it much harder  and they should be no doubt it happen  to us in military   the one year time from after getting out of the military you must file a claim within one year   that rule sucks. as we older vets were never informed to file on anything.

[Miken2c74]

I can tell you in 2006, maybe there was something but I was not aware of it. I did a European out and the out processing people told us nothing.

[Buck52]

I feel for the Veterans that filled a claim  say for hep-c and was denied and kept on being denied  and that veteran ended up in the hospital because of Hip-c and was denied on his claim  and later died of the Hep c he caught while in the service,.

some veterans are lucky they may have made it through the Hep-c  and actually filed a claim before the Hep c took its toll on them  and some veteran almost died several times because of this Hip C AND Laid up in the hospital for years and years  and finally over come the Hip c with surgery's after surgery's med's after med's rehab after rehab  gone through the mill  type thing 

BUT FOR THOSE THAT DID FILE THAT CLAIM will be rewarded later  with years and years of retro, and have their 20 yer protection rule in place HOWEVER even the retro$$ don't make up for all the years this veteran suffered  and especially for the ones that didn't make it and their family's