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]

well I am just saying that most of us older veterans were not informed but as Desert Storm started in the early 90s  this is when things started to change and some veterans was informed such as your self  but some were not .

[Buck52]

When I got out I never knew anything about filing a claim  or what the CFR's were  nothing .

I was tottally blind and uninformed on any of these claims process.

  I never knew we could be compensated for our injury's or disease while in military   no one ever mention any of this to me  no one. and I am not the only one.  millions of other veterans was not informed to file a claim or anything about the claims processing and the regulations to do so.

That should be a CUE don't you agree?  eh!

by not being informed is why most of us missed the boat not filing within one year after service.

..but at least there is no claims limit as for as filing many many different claims  if you have a military injury/disease that was caused from your military service.

Edited May 19, 2020 by Buck52

[deedub75]

13 minutes ago, Buck52 said:

well I am just saying that most of us older veterans were not informed but as Desert Storm started in the early 90s  this is when things started to change and some veterans was informed such as your self  but some were not .

I was and still isn't consistently done.  I  know people who got out years after I did and weren't sent to the VA to file claims.  Some Guard and Reserves units run everyone through the VA when they come back from deployment.  

They want people to file claims and get the benefits they deserve so I don't want to see them complain about paying out too much money to veterans.  

[deedub75]

3 hours ago, SPO said:

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

They did that to me.  I have been continuously pursuing claims since 2010 and I haven't missed any deadlines.  I have filed everything timely  from reopens, NODs, and appeals to the BVA.  It got remanded and I opted into RAMP with an HLR.  The HLR was denied and I timely filed a supplemental with a nexus statement from my surgeon within 1 year.  The supplemental was approved but they made the effective date the date of the supplemental.  

I filed another HLR to fix the effective date and I wrote that I have been continuously pursing claims in accordance with CRF 3.2500(h)(1).  

[Buck52]

Roger that GB Army

I wish I had reported everything that had happen to me while in  but it was just a thing  or a man thing not to go do report our hurt ankle or arm  or anything that we were injured if not broken  we just sucked it up and went on being tough  what a big mistake that was for all of us.

I remember one time I was on a deuce & half truck front bumper and had the hood up reach over and unscrewed the radiator cap lean over to look inside checking the Fluid level  ect,,,ect,, and it blowed a big head of hot steam on my face and man I jump back I got tangled up in those big hooks they haveon the bumpers and fell off the truck onto cement on both knees all my weight  and may talk about pain  I had pain pain pain and Hollard loud screaming in pain my knees were black red blue and purple for a good 2 /3 weeks I hobbled around  ....>  Did i report this or go to the dispensary ?  heck no I sucked it up.  now I AM PAYING FOR THAT MISTAKE BY NOT REPORTING IT  MY KNEES KILL ME EVERY DAY AS THE VA CALLS IT  D.J.D. AND NOT COMMENSURABLE  NSC.

[GBArmy]

Buck A long shot but have you kept up with any of your guys in the Company? It's possible they would have either witnessed either your accident or your condition while in the barracks. If you have, contact and ask them if they remember it. Maybe a Buddy letter could work along with an arthropedic opinion on how long you have had the injury .Bad knees often lead to wheelchair transportation someday. SMC?