Hello Jim,
I've read several times about people asking about protected ratings. I feel that if anyone could answer, it would be you. I filed a claim in 2003 for cardiovascular disease. Of course it was denided as it was not a presumpted condition at that time. When Ischemic Heart Disease was added, I filed and received a 100% P & T Rating. My question is this; I received 08 years Sept,2003- Nov 2011 back pay. Will they,VA, also give me that 08, now 10 year credit for protected rating for DIC benefit for my spouse? I'm considered a terminal patient. Thank you very much.
Reply:
The date that any benefit begins is called the effective date. That is usually the date that the veteran files the claim. So, if a veteran must wait 3 years for the claim to be properly adjudicated, the effective date will be the date of the claim, not the date when the decision was made.
In a case like yours, the effective date is the date that your claim is ultimately retroactive to. Any protection of any benefit will always begin on the effective date of the benefit.
Veterans must be warned that VA makes a lot of errors regarding the effective date. Those errors are almost always in favor of VA, not the veteran. All too often VA will establish some seemingly arbitrary effective date that is based on a C & P exam or a submission of an appeal. Vets who receive the incorrect effective date should file a NOD and appeal.
Your effective date is September 2003.