Awarded rating for DDD and Radiculopathy but EED seems off

[Foxhound6]

So, I had an HLR initiated awhile back. There was a DTA and I was sent to new exam on 3/23. The rating came in today on Ebenefits (I know, ickk, waiting on BBE). EED shows 2018 on my two awards for DDD in lumbar and radiculopathy on left side. Problem is, the HLR decision received explaining the DTA error that gave me the new exam stated that the condition would be presumptive to 2011. I feel like maybe the person rating did not quite see that part of the claim and went with my original intent to file date? I notified my attorney of it, maybe they can see it in system. However, with COVID they have been having a lot of......employee turnover at my attorney firm, so it has been more difficult to reach them timely than normal. Just trying to see if I misread something or not. Below is a link to the timeline I have been keeping of this claim as well as the HLR DTA error decision from Nov 2020. Thanks

 

[Foxhound6]

This isnt for an increase. This was for initial claim. A DTA error was found during an HLR and sent back for new exam.  I submitted all this back in 2018 as an ITF. 

[broncovet]

 VA says tdiu is a "claim for increase".   But, its not just an increase in "that" specific rating", because tdiu has been defined by the courts as a "claim for increase".  So, maybe "anything above your first time rating" is an increase.  That is one of those things that will likely be defined by the court(s).  

You can look at it either way:

1.  Yours was a claim for increase because you sought "more" than you initial rating.  

or:

2.  Yours was not a claim for increase, as you said, but an initial (new) claim. 

      Va likes to define terms in the most Veteran unfriendly method possible.  

[Foxhound6]

My TDIU claim was put in separately (based on my knee and MH ratings, at least thats my understanding of how my attorney did it which now seems pretty smart if this is indeed going to go back). 
 

My DDD and radiculopathy was just recently adjudicated based on that DTA error found during HLR of that claim, after they denied it twice. So it *should* be just continuation of my 2018 ITF initial filing. 
 

still awaiting the other portion of that one for the neck which is still deferred for now.  

[broncovet]

Once you get the envelope, I suggest going over the effective dates with a fine tooth comb.  You can even start doing homework NOW, if you like.  

As the regulation so states, the general rule for effective dates is the later of facts found, or date applied.  

So, your homework is to look in your file and write down:

1.  The date you applied for each of your disabilities claimed, including tdiu.  

2.  Now, read the c and p exam.  When does the doc say you were disabled?  

      Next is to read the effective date regulations and see if "any" of the exceptions may apply to you.   Here are a few  which "may" help you:

Quote

(h)

Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year.

Quote

(i)

Whenever any disallowed claim is readjudicated and thereafter allowed on the basis of new and relevant evidence resulting from the correction of the military records of the proper service department under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of readjudication of such disallowed claim. 

 

[Foxhound6]

@broncovetI will for sure do that. I believe since these were being reviewed under HLR that once the normal process of the claim is completed (sent back for new exams, processing, etc), it will go back up to the HLR for the rest of it. So it may be a bit before I actually figure out whats going on but I feel like it is headed that direction. I will look more into the presumptive rules and anything else that may apply. The exams I will have to request from my attorney since requesting another copy of Cfile would likely take a year or more. Thanks for all the replies and info.