RETROACTIVE TO DATE OF DISABILITY DIAGNOSIS

[Brooklyn1977]

I've learned that Retroactive payments are being made starting from the date of diagnosis.  Most are receiving back pay from the Date of Initial claim submission, however, there is a new law that allows you to claim retroactively from the date of diagnosis.   Are you aware of this?

 

[Vync]

Set your calendars for October 4, 2022 so you too can listen to the oral arguments. And then wait months and months for them to hopefully approve this. If approved, I really hope they make it retroactive to prior claims and throw the 1 year deadline out the window.

[blahsaysme2u]

On 8/10/2022 at 7:45 PM, Vync said:

Set your calendars for October 4, 2022 so you too can listen to the oral arguments. And then wait months and months for them to hopefully approve this. If approved, I really hope they make it retroactive to prior claims and throw the 1 year deadline out the window.

this would be great

Edited August 26, 2022 by blahsaysme2u

[brokensoldier244th]

Probably the one year deadline for a rating to be final

[Vync]

@brokensoldier244thWe will find out soon enough with fingers crossed...

[Rattler]

On 8/10/2022 at 6:45 PM, Vync said:

Set your calendars for October 4, 2022 so you too can listen to the oral arguments. And then wait months and months for them to hopefully approve this. If approved, I really hope they make it retroactive to prior claims and throw the 1 year deadline out the window.

I thought they argued this on back in March?

[broncovet]

Effective dates are complicated.  Generally, your effective date is the LATER of the (facts found, that is the date the doc said your symptoms began) or your date of claim.  

Because of Fenderson, you can get a staged rating.  This mostly applies when it takes VA a very long time to adjuticate your claim, and, your symptoms worsened while you are waiting on VA to decide your claim.  As an example, you may get 20 percent back to 11-14-2002, then 40 percent from June 6, 2012 as its documented your symptoms got worse on June 6, 2012. 

There are many exceptions to the general rule, above.  A couple notable exceptions are when you are applying for an increase, or when you applied within a year of your discharge from military service.  

New evidence under 38 cfr 3.156 further complicates the issue when/if you submitted new evidence (38 cfr 3.156 b) or new service records, (38 cfr 3.156 c).   If you have a "pending claim" and you submit "new relevant evidence" this can be (liberally construed) as an application for increase under 38 CFR 3.156b, and can result in an earlier effective date.  

It gets even more complicated, because, up until about Feb. 2019, you could apply for benefits with an "informal claim".  (an informal claim for increase, not just an informal claim.  The idea is that you already gave VA a formal 21-526 "formal claim", but did not need to repeat all this information again, when seeking an increase, you merely had to "identify the benefit sought", and, in some cases this could even be done at your doctors office, for example, if the doct informed you, "You have xxxyy condition".  

And, if you responded "Ok.  Good, I want to apply for xxxyy, also". 

In this example that doc appointment could serve as the "date of claim", because it was already documented you sought benefits (when you filled out the 21-526), and you have documentation that you "identified the benefit sought" (condition xxxyy)

There are a number of Veterans who had a clever lawyer review the file, and determine there was an informal claim documented sometimes years before the benefits effective date.  

It also gets very muddy when you apply, are denied, then you apply again, and are eventually awarded benefits for the same condition.  (with or without new evidence).  

"If" you think you may be entitled to an earlier effective date, my advice is to send your claims file (probably electronically) to a NOVA Veterans attorney, and ask him if he sees the earlier effective date YOU see.  

You can then decide, whether to hire the lawyer, to go pro se, to go with a VSO, or a different lawyer.