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092. What Is The Rule On The Effective Date Of A Claim?
Posted 24 November 2005 - 07:17 AM
When the Veterans Affairs finds that a veteran is entitled to cash benefits, it will assign an effective date for when these begin. Pursuant to 38 C.F.R. 3.400 (2), the effective date of VA disability compensation benefits for direct service connection is the “[d] ay following separation from active service OR date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later.” See 38 U.S.C. 5110(a).
Posted 29 January 2006 - 08:03 PM
I don't want to post a ton of information if this is not where I need to be, so let me sum up:
I enlisted 12/6/1994 and was medically discharged 12/12/1995 with a 10% disability and given a lump sum of $2,112 for Bilateral Plantar Facitis. I Filed a claim upon leaving the military (as I was told) moved to California and assigned the American Legion reps to handle my stuff. On 4/16/1997 I was denied all other claims (I submitted 10 in all) except Anemia and given 0% for that and my original disability was dropped to 0% as well. I appealed and received a letter on 9/30/1997 to submit another form 21-526 which I had originally used in the first place on 11/24/1995 and 8/26/1996. I have no records or recolection after that and basically gave up because I didn't have new information and my marriage was going sour. I never heard back from the American Legion (they weren't very helpful to begin with). Nearly 10 years later, I am having some serious nerve damage in my neck which shows up in my arms as loss of sensation (one of my original claims that was denied). I've discovered that I have osteo arthritis in my neck and many of the 10 things I originally claimed are connected symptoms. I also claimed chronic UTI's and recently had to have a sling placed over my bladder for this issue in November of 2004. My grandfather, Conrad Holsomback, told me about this site and to reopen my claim. I know this isn't short, but my main questions are:
1-How can they reduce a % that was the cause to kick me out of the military and I was told is not reversable? I have to pay a higher co-pay if I am less that 10%.
2-Is there anyway to get my claim retroactive or do I really have to start all over?
3-How can they start paying from the date the claim is filed, yet when they dropped my % they made it retroactive to the day I was discharged?
4-In their denial letter, the findings state that certain test results "were not available for review and will be requested for consideration"; "the VA exam noted this condition by history only"; "this condition was not noted on the VA exam"; reports three episodes during April, July and September 1995, but "there is no evidence of chronic condition" and finally with my current issues "the diagnosis showed a history of symptomatic paresthesias with prolonged use of the hands"
How is that any basis for an answer and how can I appeal this now, nearly 9 years later?
I really need help and am furious that I didn't stick this out before, but I was nearly 22 and had other issues to deal with. I still have issues, but this is now a persistent problem and I am so frustrated that they treat people like this when they are unknowing of how to "use" the system.
I didn't pursue it because I didn't have any new evidence and they didn't use the evidence they got or search for the problem that related to the symptom.
PLEASE HELP DIRECT ME
I am going to the VA clinic tomorrow to get re-registered and see if I can get in for my "non-service connnected" ailments.
Posted 22 September 2007 - 10:28 PM
92. What is the rule on the effective date of a claim?
When the Veterans Affairs finds that a veteran is entitled to cash benefits, it will assign an effective date for when these begin. Pursuant to 38 C.F.R. 3.400 (2), the effective date of VA disability compensation benefits for direct service connection is the "[d] ay following separation from active service OR date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later." See 38 U.S.C. 5110(a).
In cases where a claim is re-opened with new and material evidence, is the effective date the date of the original claim OR the date the new evidence was submitted? The one-year rule is not applicable.
I originally submitted my claim in 1999; the new and material evidence was submitted 30 Aug 06. The VA approved retro to 30 Aug 06.