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Q820: When I was in the Air Force back in 1975, I had a severe head injury. When I got out in 1976, I was told that I wasn't disabled. I have been 100% disabled since 1984 due to the head injury. Why didn't the VA award me 100% since 1976 instead of 1984? When you have a severe head injury, your brain doesn't heal, but the VA thinks that my head injury healed until 1984.
A1: Without looking at the file I cant be sure but all claims go by the date of claim. So if there was no claim filed because someone told you that it wasn't a disability. The medical evidence has to reflect the disability so if you did file a claim and the doctor said no dx then the VA has no choice but to go with the earliest evidence with a positive opinion. I don't work for the VA but I work at the RO for the American Legion. (ST) 2/11/22
A2: The VA will only go back to the date of claim. Generally speaking, the effective date will be the date the VA received the claim or the date that entitlement arose, whichever is later. Additionally, if a claim is filed within a year of the Veteran's discharge, the effective date would be the day after discharge. (RJ) 2/11/22
A3: When you file a claim w/in a year of separating and the disability is 10% or higher, the date of the award would be your date of separation. If you file a claim after the year and it is awarded based on the date of the claim. Why you were denied when you filed the first time can only be told by the rating decision. If you were denied and you appealed the decision, then you can normally maintain your original effective date. Sometimes you can appeal and only be granted a later effective date based on your exam. Many variables. (DS) 2/11/22