Effective date

[SPO]

I said it in another thread, but I won my appeal at the board and was rated @ 100% p&t.  But I have an issue with effective dates.

1. I started the process in Nov 2018 with 14 issues. Got denied on all issues for no diagnosis.

2. Filed an HLR within a month of the first decision and got denied again on all 14 issues

3. file a supplemental claim a few months later.   I was awarded 2 out of 14 issues with an effective date of 11/2018 based on a C&P in 7/2020

4. I appealed the other 12 to the board about a month later.  I was just granted service connection for all 12 in 11/2021.

5. The RO rated me at 100% 12/1/2021.   A few items were 0% and effective 11/2018. Anything with 10% or higher was given An effective date of 7/2020(the c&p).

in my mind this is a continuously perused claim. Nothing went over the 1 year appeal timeline. Also based on the fact that the supplemental claim ratings, based on the same c&p as the appeal were effective 11/2018. It seems all items should be effective on 11/2018.   Thoughts?  

[SPO]

I figured it would be a best guess situation. They issued ratings for all 12 issues the board granted between 0% and 20% each. The effective dates are 11/2018 or 7/2020.   According to the DAV all 12 all deferred.  He didn’t have much info at the moment about the exams they were requesting, just that he thinks that I’m not going to have to attend. 

[broncovet]

Yes, I have heard of it.  Your effective date is the LATER of your date of application, or facts found.  Facts found is the date your doc said you had the condition along with applicable symptoms.  

So, you may need c and p exams to determine the date you had it.  My advice is go to the exams, and be ready to tell the doctor when your symptoms first began.  

[deedub75]

Something similar happened to me as well. I was awarded 100% P&T in December 2015 with an effective date February 24, 2015. I was happy with the rating but I also had several contentions that were denied, some of them going back all the way to 2010. Even though I was rated 100% P&T, I knew the the contentions that were denied were incorrectly denied so I continually pursued them. They ultimately ended up at BVA for a couple of year and were remanded back to the NP who conducted the C&P exams. To make a long story short, I ended up asking my orthopedic surgeon to write a nexus letter. Well, I wrote if for him and he signed it. I sent in this letter with a supplemental claim and all of my claims were eventually granted. But instead of my effective dates going back to 2010 for some of them, they made the effective date the date of the supplemental claim with was February 3. 2020. Instead of going to the BVA, I decided to try an HLR first because the mistake was so egregious. The rater ended up calling me and agreed to correct all of the effective dates. I ended up getting just short of $30,000 in retro.