Effective Dates for SC Secondary Conditions

[Jamezam]

This post is in reference to an effective date for Migraine Headaches secondary to a Service-Connected condition. 1. I filed migraine headache claim 2015 or 2016, claim denied. 2. Filed a NOD went to BVA, BVA remanded back to VBA to (Take necessary action to implement the grant of service connection for headaches). 3. VBA assigns 0% rating. 4. I then filed for an increase obtained with an IMO report and DBQ (Thank you, Thank you, Thank you, Dr. Valette!). 5. VA increased Migraine Headaches to 50%, effective date 02/27/2020.

My question is, are secondary conditions and their effective dates and appealability, any different than a Service-Connected condition? I'm confused because the BVA made their decision in 2018, the VBA origionally assigned a 0% rating effective 03/11/2014. I do not understand the 02/27/2020 effective date, it seems to be ambiguous and I can't find anything stating why the VBA choose that date... Thanks in advance friends...

VA Decision Migraines.pdf

[Jamezam]

Thanks pacmanx1. Right, and of course, I can't expect others to understand my post' if it doesn't make sense to them. VA form 20-0996 doesn't apply to me, because my previous claim has already been to the BVA. So, it's off to the BVA again...

[Buck52]

Increases in the disability

VA dates back increases in the disability rating to the earliest date when you can show there was an increase in disability. This is only if we get the new claim request within one year from that date. Otherwise, the effective date is the date we get the claim.

[Jamezam]

6 minutes ago, Buck52 said:

Increases in the disability

VA dates back increases in the disability rating to the earliest date when you can show there was an increase in disability. This is only if we get the new claim request within one year from that date. Otherwise, the effective date is the date we get the claim.

Thanks Buck52.

[broncovet]

Your effective date is "probably" incorrect.  I would point you to "2" regulations on effective dates, as follows:

1.  Your "general" effective date is the "later" of the date you applied or the facts found (the date the doc said your migraines increased in severity or frequency).  We dont know what the docs said, so we can not determine the "facts found".  BUT...

2.  The regulations on an INCREASE are better, and can give you up to a year better effective date on increase.  

Source:  https://www.law.cornell.edu/uscode/text/38/5110

In relevant parts:

Quote

(a)

(1)

Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or a supplemental claim, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.

But yours is a claim for INCREASE, so this should apply:

Quote

(3)

The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.   

   Number 3, above, suggests you should be able to get a year BEFORE your date of claim.  Read it over. 

Also, I won "another year" upon an appeal to the BVA and the BVA cited the regulation number 3, above, because it was a claim for increase.  

      My advice is to file a NOD disputing the effective date to the BVA.  (I dont recommend HLR and SCL for this.)  

Edited July 7, 2020 by broncovet

[Jamezam]

broncovet, thanks,

Well I have one doc's DBQ from 2015, stating "After reviewing Mr. Murphy's service and private medical records and diagnosis', I can confirm that it is more likely than not that his headaches and migraines are associated with Mr. Murphy's military services, aggravated by and contributed to by his on going back and neck conditions.

My other doc (Dr. Valette) IMO Clinical Opinion states. "The veteran’s migraine headaches are underrated at 0%. With the symptoms noted in his records and in his personal statement his migraine headaches should be rated at 50%. And, the Headache DBQ by yet another doc doesn't give specifics migraines increased in severity or frequency.

Anyway, I just got back from the PO to priority mail VA FORM 10182 to the BVA, since they have all my NOD's, remanded my migraine headaches back to the VBA for a rating, said rating I filed NOD w/BVA 01/2020. I'm just thankful to finally have a legitimate rating for my migraine headaches.

Dr. Valette provided me with a Mental Disorders (other than PTSD and Eating Disorders) – DSM V Disability Benefits Questionnaire and 22 page report in support of my migraine headache increase, Generalized anxiety disorder and Depressive disorder due to service-connected medical conditions.

Hopefully, the TDIU that the BVA remanded to the VBA will go through now, as of course the VBA denied because they erroneously (I'm sure not on purpose) rated my migraine headaches 0%.