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Date entitlement arose
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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
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