Anxiety condition award start date

[Riplip]

Hello, I am still out here battling away. Finally got my personnel records after 7 months. Been going through them for a couple weeks now. I was granted 50% Anxiety condition on 8/14/2019. While going back in my records I was denied the same condition 4 times going back to 4/3/2015. Should they have granted it back to then or not? Just wondering. Thanks for any thoughts

[Riplip]

Please delete. I figured out my own question. Anything after 1 year becomes final. Thanks

[brokensoldier244th]

No need to delete- its a good reminder that, if you are unsure or something, file the appeal. 'You' can add new information to it if you are doing an 0995, so if there is an inkling of an idea that you don't have documentation for and its federal, you tell us, and we dig for it, and you can as well if you wish-, or private medical- either way, let them know on your claim so they know that new evidence is forthcoming so they keep the appeal open. As you know from reading here some of these guys/ladies have kept appeals going for years due to a lot of things, sometimes waiting for records from somewhere or another. If the appeal is continuing, the effective date is the original DOC (unless you are appealing EED, thats a whole different ball of wax). If you let it get away from you, though, then its final after a year. 

Edited August 16, 2022 by brokensoldier244th

[Riplip]

Thanks Brokenssoldier. I did let it get away. That all started before I found the knowledge. Won't happen again.  

[broncovet]

Whoa, hoss!  While it certainly does not help you to "fail to appeal" within a year, there are other ways to get an earlier effective date.  Here are a few (not the complete list):

1.  File for CUE.  If unsure if you meet the criteria, read up on Cue, and/or ask your Cue question on hadit.  

2.  38 CFR 3.156 "new evidence".  This can support an earlier date.  There is much here on new evidence.  If you submitted new evidence in the appeal period, you just may be able to get an earlier effective date.  Or, if you submitted "new service records" (38 cfr 3.156 c) your job at gettting an earlier date just got easier.  

3.  Claim for increase.  There are special rules on a claim for increase which could mean a year of retro for you.  

4.  Filed within a year of discharge.  

     Effective dates are complex.  You can read the rules for yourself, but even if you think you "might" get an earlier date (more retro) you could consider contacting an attorney who would likely review your file at no cost to you, and inform you if, or what you may need to do, to get an earlier date.  

  The ones i listed are just four out of dozens of ways the regulations permit an EED.  For more details, contact your attorney, read the regs below, or ask your specific questions on hadit.  I personally have won an earlier date at least three times, on different issues.  Its my experience the VA lowballs the effective date more than half the time.  

https://www.law.cornell.edu/uscode/text/38/5110

[brokensoldier244th]

EED's suck. Not for you all, like, I'm not denigrating it at all. If you are due for an EED I'm all for it. Seeing them from MY side, though, and I only develop information and I don't rate- yikes. Its a real minefield to wade through, regulatory-wise. 

[Mr cue]

An this ladies and gentlemen is how the VA works and the workers feel.

Smh well let not all feel this way. About addressing the law.