Question regarding effective dates

[Whodat]

A thought came into my head and you great people on Hadit may know the answer to this. 

I had filed a claim for cervical or lumbar strain. I had filed a back condition in the past but I had never appealed the back claim. I do understand that if I did not appeal that claim, that I had lost my eed. 

I have never filed a claim for my neck. Let's just say that if my cervical or lumbar strain gets granted, since I never filed for my neck, will I get an eed for my neck?

Thanks all. 

[Stayfocus]

23 hours ago, broncovet said:

Pacman's explanation was great, and well researched! 

I will add my 2 cents worth:

Effective dates have 2 parts, "not just" the filing date.  Your effective date is the later of the "facts found" (the date the doc says you became disabled), or date of claim.  

However, there are many exceptions to the general effective date rule, I paraphrased above.  

A notable exception is one Pacman suggested.  Veterans are not required to be able to self diagnose their own disabilities with precision to obtain benefits.   We often dont know whats wrong with us, and sometimes the docs dont know either!  

"But also" there is an older regulation referred to as an "informal claim".  (These have not been permitted since about Feb. 2019, when claims have to be on the applicable form, prescribed by the Secretary).  

Still, a Veteran "may" have applied for an informal claim for increase.  And, a lawyer may be able to hold VA's "feet to the fire" and get an EED for an old informal claim, if its documented, such as with doctors notes.  

 

Keep in mind, if an issue that is documented by a licensed practitioner comes up in a c&p exam, and that issue is not what you are claiming, that could possibly be an informal/reasonably raised by the record claim, and possibly go back months or years depending on when you or your attorney notices the documentation in your c file and C&P exam.

va is supposed to adjudicate all possible claims. They get passed this by saying if you don’t agree with our decision to file an appeal.

problem is, how can you appeal something that you are not aware of, that’s why it’s so important to stay on top of your claim and thoroughly research your c file and passed c&p exams.

In theory, informal claims remain open until adjudicated.

 

[Whodat]

Good point @Stayfocus. I think I do fall under this criteria. A slip and fall was mentioned in my c&p exam but it was for a back claim. I had never filed for the neck. 

The VA is mainly using my vehicle roll over which happened in service for my recent neck and back claim. 

[Stayfocus]

27 minutes ago, Whodat said:

Good point @Stayfocus. I think I do fall under this criteria. A slip and fall was mentioned in my c&p exam but it was for a back claim. I had never filed for the neck. 

The VA is mainly using my vehicle roll over which happened in service for my recent neck and back claim. 

[broncovet]

You posted:

Quote

Even if you had never filed a specific claim ever before but had a diagnosis and an event in service? It goes by the date that you had filed that claim? 

There are "extremely limited" ways that you can get an effective date earlier than your date of claim.  

One is you file within a year of exit from service, and, if awarded, you can get benefits backdated to your date of exit from service.  In VA lingo:

Quote

(b)

(1)

The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.

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

I "highly advise" reading these effective date rules, carefully, to see if any of them apply to you.  We dont know your circumstances, so we dont know if they apply to you.  

Yes, I know these are not easy to read, and are written in ChineseVAgibberish, not English.  Give us a try tho, Im getting pretty good at understanding ChineseVAgibberish.  

[Whodat]

36 minutes ago, broncovet said:

You posted:

There are "extremely limited" ways that you can get an effective date earlier than your date of claim.  

One is you file within a year of exit from service, and, if awarded, you can get benefits backdated to your date of exit from service.  In VA lingo:

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

I "highly advise" reading these effective date rules, carefully, to see if any of them apply to you.  We dont know your circumstances, so we dont know if they apply to you.  

Yes, I know these are not easy to read, and are written in ChineseVAgibberish, not English.  Give us a try tho, Im getting pretty good at understanding ChineseVAgibberish.  

Lol. Thanks Broncovet. That's great info. 

 

 

[Whodat]

This is where I was ignorant. I did not file immediately or within the 1 year after service. I guess for 1 my pride, for 2 I didn't know. I was just so happy to get out of the service but at the same time, more worried of how I was going to support my family due to income loss.  But by being a member of Hadit for awhile, I have learned a lot.