change in the law

[mos1833]

hi folks

i ask this in another post but nobody will comment , so i;ll ask it here.

i was denied sc because the law at the time ruled it out .

then the law changed see 82-90 rating defects,

well when the new law took effect ,my claim was reopened after 82-90 

did i need to point that out or should i point it out now,

was this a duty to the va , to tell me that i could use the new law ?

thanks all

[Vync]

I'm not an expert on 82-90 rating defects, but do realize it somewhat overlaps with the pre-existing rules. I found this recent BVA claim from 2014 that talks about it and the case was remanded for further development. You might be able to find a relatively recent perspective by reading the text in this link:

http://www.va.gov/vetapp14/Files7/1454211.txt

 

[paulcolrain]

this might help answer as well.

http://www.purpleheart.org/serviceprogram/Training2013/25-W-2-Casey Congenital Conditions.pdf

[Buck52]

mos1833

What was your  sc contention/condition rated for? For what disabilities?

[mos1833]

a congenital anomaly 

 

thanks

[broncovet]

Veterans Benefit Manual explains the available paths you can take with a denial

These options include:

1.  Appeal to CAVC

2.  Motion For BVA reconsideration

3.  Motion to Vacate a BVA decision

4. Filing a claim for revision of a final decision based upon CUE

5. Filing a reopened claim at RO. 

 

The best option for you is going to be based largely if you have New evidence, or  if you are beyond the appeal period.   You should probably ask an attorney which one is best for you, and which would net you the best effective date.  Without looking at your file, I would not venture a guess.  For one thing, a person needs to determine if your "new" evidence is material.  

[mos1833]

thanks broncovet.

but i dont want the options for moving foward.

i just need to find out what the law says about ---- if they fail to consider a claim using the current law 82-90

and continue to deny using an out-dated law.