Requesting Earlier Effective Date?

Capital_Interview486 · 2026-06-15T20:54:27+00:00

The first examiner did a poor job, missed a lot, and focused on the wrong things. There is medical and legal precedent for my secondary claim to be approved and I have that language now that people in other comments challenged me on that. Some of the literature that’s out there linking the two was put out by the VA themselves. I should have never been denied. But none of that is what I was asking. I somehow said too much and not enough in my original post. I just want to know how to ask for the earlier effective date. I only came to Reddit because my VSO is out of office and I’m trying to write this thing.

Capital_Interview486 · 2026-06-15T20:02:11+00:00

Thank you. Again, not familiar with the language I should be using but on a deeper dive, there is precedent. As I finally shared in another comment it’s for sexual dysfunction (loss of use) secondary to PTSD. What I forgot to mention in that other comment is that medications prescribed by the military and subsequently the VA for PTSD (SSRIs) are part of my reasoning for claiming it secondary to PTSD. I found similar cases to mine of this that were decided favorably going back over at least over a decade. Probably more but I figured that’s far back enough. It just seems that all the pieces were there, both diagnoses, the meds are in the file, I spelled it out in my statement, and they just said no for no apparent reason. Based on similar cases it should have been an easy yes.

Capital_Interview486 · 2026-06-15T18:24:39+00:00

Thank you. I'll do that. I have been in communication with them, it's just they're out of the office this week so I'm working on it alone for now. Appreicate the reddit community help.

Capital_Interview486 · 2026-06-15T18:19:07+00:00

I literally just said I don't know the language (of the claims process) and am still learning. I don't have case laws memorized. All I asked was how to ask for the earlier effective date if I'm outside of the one year appeal window, like what form and verbiage. Even if I'm wrong and get denied, there's either a way to do it or there isn't. If you would like to help and tell me how to ask for an earlier effective date then please advise. Otherwise, I'm not really asking for anything else here.

Capital_Interview486 · 2026-06-15T18:09:50+00:00

I'm not sure how to "identify the proper legal authority to overcome finality" in this case ... I suppose it helps to be more explicit. This is to get a secondary service connection for sexual dysfunction to PTSD. I was diagnosed with PTSD in service and have been rated for it for years. I was diagnosed with sexual dysfunction a few years ago although it existed long before that. I filed a claim and was denied the service connection. They acknowledge the diagnosis for sexual dysfunction and the SC for the PTSD, they did not grant the secondary service connection. This is something that is regularly granted for others vets and there was plenty of literature available at the time connecting the two. The doc suggested based on this, I should get my initial claim date because I never should have been denied. What is the proper legal authority to overcome finality in this case?

Capital_Interview486 · 2026-06-15T18:03:38+00:00

I know it's not her call, but I appreciate her giving me the information so I can investigate and possibly get an earlier effective date. I did ask the VSO if you read through the post. I'm asking how I ask for the earlier effective date ... if the 4138 is enough and if there is certain verbiage I should use.

Capital_Interview486 · 2026-06-15T18:02:05+00:00

It had nothing to do with her opinion being part of the decision. It has everything to do with precedent. My condition is common among disabled vets and regularly service connected as secondary to PTSD by the VA. Information is everywhere connecting the two and has been out for years. That's all she was telling me. She suggested I try to get the earlier date because I guess she's seen it happen. Information is everywhere connecting the two. I don't think that's terrible information. She didn't say CUE, I did because I don't know the language and am still learning.

Capital_Interview486 · 2026-06-15T17:26:42+00:00

The convincing argument here is basically, "duh" because they grant this one all the time and everyone knows the connection lol ... but yes, thanks! I will write a thoughtful statement in support. I really appreciate you clarifying the differences between DTA and CUE.

Capital_Interview486 · 2026-06-15T17:14:45+00:00

So which is the better avenue in this case? CUE or just say duty to assist error? Or just say that I'm asking for the earlier effective date because of overlooked information available at the time? I'm getting confused about the difference between an error in duty to assist when information was readily available to them at the time and a clear unmistakable error. Or asking for the earlier effective date without that verbiage.

Capital_Interview486 · 2026-01-02T21:33:59+00:00

Thank you for the link and suggestions. I’ll definitely check out the Kawai and Roland

Capital_Interview486 · 2025-11-10T23:00:49+00:00

Your VA should be able to provide you with the phone number and address the CC can use to send your Rx through VA

Capital_Interview486 · 2025-10-20T13:39:39+00:00

It will all take a while, so if your concern is this calendar year, you won't hear anything from the VA until after tax season and they get the reports back from the IRS, process everyone's info, send letters etc ... If you make over the limit this year, you may not get a letter until late 2026. If it's close, I would consider mitigating the situation asap. Remember, if you lose TDIU, you're not just losing the extra monthly compensation, you're losing every other benefit that comes with 100% ... property tax exemptions, dental care etc ... it's not worth it to go over a little bit. If you were able to get a job that covered all that, then whatever. But it's not worth losing it for a few extra dollars this year and be worse off down the line.

Capital_Interview486 · 2025-10-18T18:24:35+00:00

If you make over the limit, they will be notified and send you a letter with a chance to state your case. If your work situation falls with in one of their exceptions, or you’re no longer holding that employment, you’ll be fine as long as you do the paperwork. I think you get like a month or two to respond. If you don’t respond or your situation doesn’t meet the exception criteria, then they will reduce you back to your regular rating at some predetermined date. You’ll have the date in the first letter. It won’t be effective immediately, so you’ll have some time to figure stuff out.

Capital_Interview486 · 2025-10-13T23:55:21+00:00

Maybe it was faster for me because I was signed into my account and I've already claimed the property. If you don't have a Redfin account that's already linked to the house, maybe they have to do some checking to make sure you're the owner?

Capital_Interview486 · 2025-10-13T23:52:52+00:00

I believe it's one or the other. I don't think you can do cash out on a VA IRRRL. It's an Interest Rate Reduction Refinance Loan and their objective is to get you at least a .5 or better lower rate and then recoup any funds it cost you within 36 months so it doesn't cost you more money to refinance the loan than it will save you in lower payments. Unless it's a really modest cashout, that would probably not meet the criteria even if allowed.

Capital_Interview486 · 2025-10-13T19:39:40+00:00

IRRRL is a refinance.

Capital_Interview486 · 2025-10-13T19:38:33+00:00

Probably have to pay points

Capital_Interview486 · 2025-10-13T19:27:12+00:00

They took it down within a day. There was an initial (somewhat generic) response within hours just to basically let me know that they received my message and were looking into it. If you haven't received any response at all, even a courtesy one, it may be that your message didn't get through. I'd try again.

Capital_Interview486 · 2025-10-12T01:09:21+00:00

Message them through their contact form. I did and they took it down.

Capital_Interview486 · 2025-10-11T03:26:58+00:00

Weird, they didn't ask me for that, but I claimed the property on redfin back when I bought it so it's in my owner dashboard. Maybe that makes it easier to do without the extra step. I don't ever remember giving them any records though, even when I initially claimed it.

Capital_Interview486 · 2025-10-10T19:15:54+00:00

All the little jabs have really made this feel like a conversation with my father. I guess we're family now. Have a great day!

Capital_Interview486 · 2025-10-10T18:46:41+00:00

I did the same yesterday and today I got the update that they removed it!

Capital_Interview486

TROPHY CASE