Effective Date Appeal


My husband file for service connection for kidney Dx back in 2010  which was denied.  We then filed an appeal. We finally got a decision in our favor based on a medical statement by the kidney Doctor) stated more than likely related to the abuse of NSAID used related to his military injuries) back in 2009.(he was injured in 1969). this was granted service connection Feb 19, 2019 with an effective date of July 2010, but they 0% rated him and he was already back in 2009 stage III kidney dx. so we filed with a nexus letter for them to rate his kidney Dx,  Well in Sept 2019,  he was granted 60%. This is the same rating he should have had when we won the appeal,  because his labs have been in the same ranges. We want to fight for a effective date back to July 2010 when the appeals court service connected him.  What way do you think is the best way to fight this? Thank you

Jim's Reply:

Any time we disagree with any disability benefits decision made by the VA, we have a right to appeal that decision. It appears that you understand the drill all too well since you've successfully appealed other erroneous decisions. It's unfortunate that you have to go though appeals again to correct an effective date but I don't see any other path. Good luck!