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Effective dates… BS

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jfrei

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I don’t understand why the rule is you are only granted effective when you file. I recently have 3 disabilities 2 from burn pits filed in December granted effective in September not sure if it was a congressional thing but my claim i filed on Feb 15 they closed out and added it lt my pending claim bill from November that was about to close but now it remains open for bilateral hearing loss. 

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My biggest tool I used in 2015/2016 was recent BVA decisions, its become more user friendly if you don’t remember the good old days of the “ “ key words I implore you to check it out. So curious on how it comes out but Ive screen shot turned into files and attached to pending claims for hearing loss for my 3M plug use if remanded I at least can bring in a pair I wore still in my possession. Va says I have hearing loss for VA healthcare purposes just not disability purposes in 2021 and 2023. The best tool for research has and will always be Hadit and my recent decisions for the BVA

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Effective dates are complicated, and, its NOT ALWAYS TRUE that you are not entitled to an effective date earlier than what you file.  

I will cite "at least 2" exceptions where a claim can be effective Before the filing date:

1.  SMC claims.  Since SMC is inferred, your effective date is NOT limited to the date filed, but rather, the facts found in that the date the doc first documented you met the applicable criteria.  

2.  Within a year of exit from service.  If you file a claim within a year of exit from service your effective date will be the day after you got out of service.  

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

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  • HadIt.com Elder

There is also an extra-schedular claim. Sorry, got interrupted.

I received an EED back to September of 1985 from my December of 1987 extra-schedular claim that sat in my file for 30 years before a BVA Judge discovered it and remanded it to the AOJ for development.  In April of 2020, I received TDIU back pay to my last day of full time employment when my combined rating was 40% and I met none of the presumptive requirements in disability ratings.

Thank you, Beth Murphy, Director Compensation Services and Marjorie Auer, BVA Judge.

 

Edited by Lemuel
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On 2/19/2024 at 6:31 PM, jfrei said:

My biggest tool I used in 2015/2016 was recent BVA decisions, its become more user friendly if you don’t remember the good old days of the “ “ key words I implore you to check it out. So curious on how it comes out but Ive screen shot turned into files and attached to pending claims for hearing loss for my 3M plug use if remanded I at least can bring in a pair I wore still in my possession. Va says I have hearing loss for VA healthcare purposes just not disability purposes in 2021 and 2023. The best tool for research has and will always be Hadit and my recent decisions for the BVA

7EA3EBC5-EF30-4DA8-A8F3-FDFD97F8E0A6.jpeg

167B8236-D46A-4AA5-A290-5C1BC4B2651A.jpeg

166BF978-1E0E-40CA-B96A-4A1211571888.png

Where can I find my own citation like this? 

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