Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Helping

Rate this question


Whodat

Question

So I am helping my dad which is a retired AF combat vet. I did help him get to 70 in 2012. 

There are some things that he had in his records that should have been filed when he had retired but never did like his TBI while in service. If I file that claim and other conditions that he has never filed for, will his EED be from the day that he had retired or from the date that he had filed.

Again he did have a diagnosis while in service. 

Link to comment
Share on other sites

  • Answers 4
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

4 answers to this question

Recommended Posts

  • 0
  • Moderator
2 hours ago, Whodat said:

There are some things that he had in his records that should have been filed when he had retired but never did like his TBI while in service. If I file that claim and other conditions that he has never filed for, will his EED be from the day that he had retired or from the date that he had filed.

Again he did have a diagnosis while in service. 

Typically, the effective date is when the veteran files his/her claim, unless the veteran files within one year of discharge or retirement but outside of filing a prior claim or within the one year of leaving service. The effective date will be the date of claim.

Link to comment
Share on other sites

  • 0
  • Moderator

Your effective date "is the later of the date of claim, or facts found (the date the doc said you were disabled)".  There are multiple exceptions however, for claims for increase, applying within a year of discharge, and, especially denials where 38 CFR 3.156 applies.  

Finally Nehmer Vets and Pact Act Vets may have some favorable effective dates for presumptives.  It would take an extensive review of your file to know for sure.  

If in doubt, take a decision to one of the many attorney's who represent Veterans, and ask them.  Effective dates are way more complex than you think.  

 

Link to comment
Share on other sites

  • 0

Thanks all. He is 70 years old. Trying to help him as much as I can. 

But at least his foot is in the door. 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use