Helping

[Whodat]

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. 

[pacmanx1]

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.

[Whodat]

Thanks Pacman

[broncovet]

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.  

 

[Whodat]

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.