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Q524:  I am a veteran living in Germany who had a full Achilles Tear on the 08th of April 2018 and received emergency surgery to correct this.  After I was able to leave the hospital, I filed my claim and it was correctly identified as secondary service connected.  However, the Foreign Medical Program refuses to reimburse almost 13000$ in medical bills because the claim was filed after the injury and surgery. They stated that the VA has set the effective date to the date the claim was received as opposed to the date that the injury occurred.  How can I correct the date in order to receive reimbursement?

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Use Form Below To Respond

A1:   VA Disability Effective Date Rules Date Entitlement to the Benefit Began or Date the VA Received Application The general rule for effective dates on the first application is based upon the date medical evidence of the disability existed or the date the VA received your application, whichever is later.  Take Note, it says WHICHEVER IS LATER.  https://www.va.gov/disability/effective-date/  (RJ)  10/1/20

      

A2:  The effective date of the claim is the date the VA receives the intent or the formal claim or the date they can legally assign a rating, which would not be prior to the date of receipt of the claim.  (DS)  10/1/20