The NVLSP, through the Purple Heart, has listed at least 9 ways to win an earlier effective date, here:
For those who would like a summary, I have provided my interpretation but would always suggest you thoroughly study the case laws suggested.
Without further ado, here are my nine favorite ways to win more retro:
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- Pending Claim. Evidence received prior to end of appeal period.
Citation: Meeks vs West:
“The general rule for an original claim for benefits is that theeffective date is the date the VA receives the claim or the date that entitlement “arose”, whichever is later.””Determining the date entitlement arose may be difficult.””Most advocates are familiar with one situation which may result inan earlier effective date of benefits: A claim filed years ago wasnever adjudicated by VA and remains pending; the advocate sees thatthe claim is still pending and asks VA to adjudicate the claim.”Citation: Meeks v West (Fed Cir. 1999)
- 38 CFR 3.156 C New Service Records, which states:
1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:
(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph (c) of this section are met;
(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA’s original request for service records; and
(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.
The “kicker” is that once the claim is reopened due to new service records, the Veteran is able to resubmit any new evidence.3 Failure of the VA to inform Veteran of time limits. The NVLSP’s take on this is that the time limits the Veteran has (1 year to file a NOD, 60 days to file the I9) do not even start until the Veteran gets notice informing him of the applicable time limits.
4. Informal/Inferred Claims can lead to an EED. There are 3 elements the courts have required to qualify as an “informal claim”. The informal claim must:
a) “Show Intent” to seek one or more benefits. There is a difference between “seeking benefits” and “seeking treatment” and your VA doc is likely going to assume the later unless you tell him other wise.
b) Be in writing. Telling your doc something does no good unless he writes it down and puts it in your record. Verbal “informal claims” dont cut it.
c) The Veteran must “specify the benefit sought”. However, remember, the Veteran is not competent to make a medical diagnosis, but he is competent to say, “My head hurts”.
For the other 5 methods of winning an earlier effective date, keep reading Asknod.
asknod
kcraveiro
robinhoodesqvetsatty
Veterans Claims Help 
I apologize in advance, maybe someone here can answer a question for me. I’m a disabled veteran, and I just got a rating increase from 20% to 60% for diabetic retinopathy DB eye disease. The reason for the increase because I have had 7 eye injections within the last 12 months “Incapacitating episodes”. These eye injections just got made incapacitating episodes in 2018, it used to be doctors ordered bed rest after eye surgery. If have have over 30 eye injections and 30 plus laser surgeries from 2013 to 2018 would I be intitled to those prior to rule change. They where in the proposal stage on the federal register 2014 -2018?
email
Hello,
I filed a claim for anxiety and depression in March of 1990 (within one year of discharge), and was denied as they claimed the conditions were preexisting. I didn’t appeal and it was closed.
I was granted a service connection for anxiety at 70% in 2018.
Is there any way I can connect my original claim to the recent service connection because the diagnosis is identical but it wasn’t service connected until 28 years after my original claim was denied and not appealed? I don’t want to reopen the 1990 claim as I’m afraid I’ll lost any chance I have at getting retroactive benefits.
I’m avoiding a CUE claim at this point.
It seems so clear to me that because my diagnosis’ in 1990 and 2018 were identical, that they should award me back to the date of discharge. It seems too complicated though.
Also, I was the victim of MST throughout my eight years of service but never brought it up because I had no clue it might have had any relevancy to my claim and I was never asked about it during my C&P exam back in 1990.
Is there any way I can use the MST to get an earlier effective date?
On top of everything above, the preexisting condition was a different condition as the one I was diagnosed with upon discharge when I filed my claim for anxiety and depression. I’m thinking this is best left for a CUE claim since I don’t want to reopen the 1990 claim.
I could go on…….
I originally filed a claim for PTSD in 2006 and was denied and the VA stated “We determined that the condition was/were not related to you military service. Fast forward to 2017, I requested to reopen the PTSD claim and I was awarded 70% from “personal trauma from assault”. But they only retroactive paid me to the date of the 2017 claim. I believe that they should have an earlier effective date for the retro active pay to my original claim back in 2006. In my claim in 2006 the VA had evidence from my military medical record showing that I was assaulted and hospitalized and for 2 months and they also had records showing I was diagnosed “Anxiety Disorder” while I was in a drug and alcohol program (DAPA) and still denied my claim.
Please tell me what I should do? Should I file an appeal (I’m still withing the one year period)? Or should I file for a CUE? Also, what verbiage do I need in the write-up? I truly appreciate any assistance with this matter.
Sounds a lot like my claim (above) in many ways. It sounds to me like you have a CUE claim as they clearly didn’t rebut the presumption of soundness but they say to use that last. Did you file your original claim within one year of discharge by any chance? Did they use service records that weren’t associated with your file the first time you filed? If so, that may help you get backdated. I think that at the least you should file a appeal and keep the clock ticking. I think you have CUE though.
I’m years lae and trying to make heads or tails of this VA stuff, but here’s my story. I was discharged in 05 was not informed of VA timeframe for filing claim(s) – don’t know how to prove it. Filed in 2009 and was denied – I got denial letter, yet didn’t get any request for information. 2013 I got smart when I found a copy of my medical records with a consent form from BAMC (San Antonio). This year 2014 they asked if I had new evidence. I simply highlighted all the evidence in my contentions list and submitted to VA. My 2013 Claim was pending etc. On E-benefits, when I read my claim status it said all of my contentions were classified as (reopen) or increase.
What would my effective date be? It’s obvious that the information I submitted wasn’t in my file, because once I submitted the info here in 2014 – I started recieving appointments from QTC, and as of 5/29 recieved one for the VA med here in Houston.
Two – I had to submit new evidence to the Nashville office, which is my home state, and the office that denied me, but my comp request has since been moved to Texas. What gives?
I enjoyed reading this site. Information is still good!
I have a complex question I hope can be answered here. It requires some telling first. In 1974, I was a 17 year old boy who joined the national guard and was sent to FLW, Missouri for basic training. On my second day at reception station, I was sexually assaulted by my senior drill instructor, who did so under force of great threat to my life and well being. No, I did not and could not tell and even if I had, I would have been just another liar wanting to go home. So i repressed the memory but after leaving basic and ait, I came home with what i now know was PTSD from the trauma. It ruined my life. I had 21 jobs in 15 years, could never work dealth with depression and alcoholism, nightmares, hypervigilance, became a hermit. Remember here, I was a national guardsman. i was told a hindred times I was not a veteran, had only 4 1/2 months of active duty time. I could not seek help from the VA. In 2010, the senior drill instructor who retired as a command sergeant major, confessed to army cid agents that he has sexually assaulted me. I was suddenly a service connected veteran and immediately sought help with my ptsd and for comp. I was rated 70% during my c+p exam and was given unemployability(WITH PERMANENT AND TOTAL) in march 2011. and was given an effective date of may 2010 despite my objections.
I had previously filed for health beneifts in january 2010 and was refused, before being accepted in march 2010 after the confession. I filed a NOD regarding my effective date and sent a stack letters from friends and family who knew me both before and after basic training and saw the drastic change in me. I also included a page from my c+p exam where the doctor stated that there was no doubt that the trauma suffered in 1974 was the single cause of my trauma. i also sent a list from the social security admin. a list of jobs i had from 1974 thru 2010 and the pitiful amount of money I had made, all due to suffering with this. I requested an earlier and fair effective date of claim and did not specify what i was expecting. they going to retro me back to 1974? No, I know better that that.. Like I stated before, i was not considered a veteran until the criminal confessed. I never filed a claim because I was told it was useless. Do i even have a chance of an earlier effective date? They have had the nod since march 2012 and I have heard nothing back. Any advice would be greatly appreciated..
Oh believe me, I’m not giving up. I haven’t even started yet. I guess what I am wondering is, since I reopened the condition by requesting an increase, doesn’t that on it’s face allow me to request an EED? btw… it was the VA that told me since I didnt NOD for an EED in 2006, that I am out of luck.
I am still baffled on this… I was discharged in 1986 after being hospitalized for 2 years and 14 subsequent surgerys to fix my legs. I wasn’t awarded scars until I requested an increase to the fracture residuals in 2006, and then I was awarded 10%(yep, 20 years I waited) well, I didn’t NOD for an EED and the year passed. I just now re-opened for an increase as I believe I meet the requirements for 5 “painful” scars, but I am being told no way Jose on even thinking about an EED. These scars didn’t “just appear” 30 years later. WTF? How could they not realize these scars have all been there since discharge and go back to that date?