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Should I appeal the effective date? If so, how?

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mb76

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I had a reexamination where my percentage was increased but my medical records showed that my condition was deteriorated years before. My effective date was the date of decision. Can I appeal? Should I appeal? How do I do it?

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1 hour ago, mb76 said:

About two years. No.

Typically, a veteran can file an appeal when the VA makes a wrong decision with their effective date and or their rating percentage. If you had increased symptoms when the VA originally granted your claim, then you can file and appeal to correct their mistakes. If you filed a claim in 2015 and the VA rated, you and sent you a decision and you didn’t file a new claim for increase until 2020-2021 and the VA increased your rating then what are you asking for? If your symptoms increased in 2019 and you didn’t file a claim, why would you think that the VA would give you an earlier effective date when you didn’t file a claim? Keep in mind that effective dates are always connected to both symptoms and when the veteran filed a claim. It is really hard to say, and I don’t want to discourage you.

What do you want to appeal? What date are you trying to claim and think the VA made a mistake? Can you explain: “My effective date was the date of decision”? Did you file a claim, and the VA gave you an effective date of your rating decision and not the date you filed your claim? Did the VA give you an effective date of your C & P exam? Can you redact your rating decision and post it so we can better help you? Make a copy of your decision and redact/remove all personal information like: name, SSN, claim number if different, address or anything that would identify you and post it.

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46 minutes ago, pacmanx1 said:

 If you filed a claim in 2015 and the VA rated, you and sent you a decision and you didn’t file a new claim for increase until 2020-2021 and the VA increased your rating then what are you asking for? If your symptoms increased in 2019 and you didn’t file a claim, why would you think that the VA would give you an earlier effective date when you didn’t file a claim?

I didn't file a claim (recently); the VA reexamined me and gave me an increase. This happened less than one year ago. But what they bumped me up for I've been suffering from for about two years prior to my decision on the reexamination.

 

49 minutes ago, pacmanx1 said:

What do you want to appeal? 

They gave me an effective date of B and I think they should give me an effective date of A.

 

50 minutes ago, pacmanx1 said:

What date are you trying to claim and think the VA made a mistake? 

The date years ago where my symptoms increased in severity (the same symptoms that they used to justify giving me an increase).

 

51 minutes ago, pacmanx1 said:

Can you explain: “My effective date was the date of decision”? 

The effective date was the date of my decision. I don't know how to explain that in simpler terms. For example: my decision date was on May 1st 2020 and my effective date was also May 1st 2020. Make sense? 

53 minutes ago, pacmanx1 said:

Did you file a claim, and the VA gave you an effective date of your rating decision and not the date you filed your claim?

No, as I've said before, this was a REEXAMINATION. The VA gave me an effective date of my rating decision.

 

55 minutes ago, pacmanx1 said:

Did the VA give you an effective date of your C & P exam? 

No, the VA gave me an effective date of the rating decision. Not that it really matters since the C&P exam was mere days before the decision. 

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