How Do I Request Earlier Effective Date Due to VA Policy Change (Increase in Minimum Rating)?

[marathonjon]

The VA changed the minimum rating for painful motion of the shoulder from 10 to 20% on 23 May 2016. I only just found about it this year. I requested that they change my rating via a claim for an increase in benefits, which the VA granted, but they made the effective date the same as my file date (31 March 2020).

According to 38 CFR §3.114(a)(3): "If a claim is reviewed at the request of the claimant more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of receipt of such request.” Therefore, my effective date should be March 31, 2019. How do I request this earlier effective date? I searched these forums but can't find anything that's applicable.

[Carl the Engineer]

I just filed a claim today for an increase in left shoulder pain currently rated at 10%, to a rating of 20% based on the new (2016) information. 

I also attached the 1 year back pay paragraph to my claim.  I will let you know if they increase my rating and whether they give me the year back.

Thanks again for the heads up,

Hamslice

 

[marathonjon]

@Hamslice, it will be very interesting to see if they approve a 1-year retro effective date.