A few days ago, I published an article on winning an earlier effective date, here:

https://asknod.wordpress.com/2012/05/04/nine-ways-to-an-earlier-effective-date/

So here you are:  1.  You dont have a “pending claim” that your VARO forgot to adjuticate.  2.  The RO didnt lose any Service records.   3.  The VA didnt step on their own necktie and fail to  inform you of your time limits. And, number 4, you didnt have any informal or inferred claims by which you can win an earlier effective date.

Dont give up yet.  Persistence often wins at the VA when all else fails.

Try numbers 5-12:

5.  Remember, the general rules for effective dates is the later of the date the claim was received or the “facts found”.  The exception to this is if you had an increase within the first year you had applied.   Such an increase could be TDIU, that is, your service connected conditions rendered you unable to maintain substantial gainful employment.  If you became unemployable, OR otherwise had an increase in disability  within your first year after SC, be sure to investigate “number 5” , here:   http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

6.  Liberalizing laws.  Congress is always changing laws, and sometimes, “number 6” can entitle you to an earlier effective date.  If you are unsure ask you lawyer or “ask nod” the question.  He is the expert.

7.  Within one year of discharge.

8.  Nehmer class Veterans.  Sharp eyes will notice there is no #8 in the NVLSP training guide:

http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

However, don’t dismay, these  came from the noggin.  If  you are one of the 140,000 Nehmer class Vets, you can start here:

http://www.nvlsp.org/Information/ArticleLibrary/AgentOrange/AO-VABeginsReview.htm

9.  Get your “CUE” stick.  If the VA made an error on your claim that makes the “CUE” grade, then say hello to your retro check, after waiting, of course.

10. The VA “fuzzy math”.   Wait, I thought you said 9 ways?   Oh, yes, this is the VA “fuzzy math”, only THIS fuzzy math is to your benefit!    Remember the one where the VA told you that your 50% and your 30% combined to 70%?  THAT fuzzy math.  You see, RO employees are sometimes “FUZZY” and make a math error, which, when corrected, results in retro to you.  RO’s, for example, are sometimes “fuzzy” in remembering all your dependents, when they calculate your retro, referring to you as “single” in your decision, which could upset your wife.

11.  Your secret weapon.  Use this with caution.  Take your claim file to a NVLSP lawyer and ask HIM if he can find any reason for an EED.  It probably  wont cost you a cent to talk to the lawyer, and you get to keep at least about 80% of the extra retro he finds for you.

12.  Save the “big guns” for last.  Seriously, do this one first.  Send an email to “ask nod” and see if we can find your “lost retro”. I’d be happy to investigate.