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]

5 minutes ago, Miken2c74 said:

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.

point is you were not informed to file a compensation claim

[Miken2c74]

1 minute ago, Buck52 said:

point is you were not informed to file a compensation claim

Exactly

[Buck52]

I do not think its right we have to fight beg and plea for our benefits , the military and its regulations are not God Almighty  like they think they are.

[Fat]

Outstanding............

[GBArmy]

Buck you're a good grandpa, and fortunately, your grand son listened to you.If I'm working at a place wher people are asking questions about the VA, if they have someone in the service, I tell them the exact same thing. And, it isn't the same as when we were in. It's isn't looked down upon now if you go to medical; it's no big deal. And that's a good thing.

[deedub75]

40 minutes ago, Buck52 said:

point is you were not informed to file a compensation claim

I got out in 2000 and part of my out processing checklist was to visit the VA and file a claim.  When I got there they asked me what I wanted to claim and I told them I never went to combat.  The guy told me it didn't matter and said to list any health issues I had while on active duty.  I mentioned an ankle injury and he told me that it may not be that big of an issue now but it could through my body out of whack and lead to knee, hip and back issues.  So, I listed the ankle injury and a varicocele surgery I had and I got 10% for each one.  I wan't aware of the 1 year rule either and I had plenty of other things I could have claimed at that time but I wasn't aware of the regulations.  It wasn't until 13 years later when I started working for the VA processing claims that I saw what others were applying for and getting approved for.  I ordered a copy of my c-file and poured through it and began filing more claims.