The 4th Pillar: Getting the Right VA Claim Effective Date.

The LAST thing that you want to make sure of in any VA Claim or Appeal is that the VA assigned the r

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3 Comments

gbeman on 06/12/2015 at 6:24 pm

Brand new here. Hope this is the best place for this. I have recently been awarded service connected ratings in association with head trauma in 1985. I filed my initial claim in 1990, less than a year after discharge. That was for my knees. The VA employee who helped me fill out paperwork told me “can’t prove it , don’t waste my time” when I mentioned head trauma that was in my lost records. I never knew it was in my discharge physical until years later. No, I cannot prove he said that.
The RO made a claim for me for 2 minor issues from my discharge physical. I Did NOT claim them. One was denied and the other was service connected at 0%. At the same time they failed to mention Head trauma, Depression or Excessive worry, Hypertension, Pain or pressure in chest, Frequent Headaches or Ear, nose or throat trouble. All clearly noted on the same document.
I am just now rated at 90% and if only the areas attached to my Head Trauma were rated, I would still be at 80%. I think I must have an effective date challenge. My C&P exams note that the Trauma was in my discharge physical, I was suffering residuals while on active duty and ever since. Should the RO have made these claims for me at the same time they did the “stupid” Granuloma?

Chris Attig on 06/16/2015 at 8:03 am

If I am understanding your question correctly, what happened here is a common “trick” played by the VA.

They tell a Vet “No, you can’t claim that”….when in reality, you can.

Whether or not you have an effective date issue is going to depend on what is in writing in your C-File and when it appeared there.

I strongly recommend you contact a VA Accredited Attorney to have them look into it to see if the VA cut you out of an earlier effective date.

Read this Free eBook to learn how to choose the VA accredited Attorney that is right for you.

Chris
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