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Effective Date?

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kent101

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Maybe.  There are regulations for this.  Its 38 CFR 3.156.  You can read it for yourself.  It depends on if its SERVICE records they are missing, or, if  you submitted the new evidence in the appeal period.  

If they denied you because of SERVICE records, then yes, you should get an eed, if awarded, per 3.156 C.  

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On 1/27/2017 at 4:58 PM, broncovet said:

Maybe.  There are regulations for this.  Its 38 CFR 3.156.  You can read it for yourself.  It depends on if its SERVICE records they are missing, or, if  you submitted the new evidence in the appeal period.  

If they denied you because of SERVICE records, then yes, you should get an eed, if awarded, per 3.156 C.  

I'll get a lawyer.

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On Saturday, January 28, 2017 at 4:44 AM, broncovet said:

Yes.  Read over 38 CFR 3.156 C carefully.  What ever you do, make sure you file a NOD to the most recent decision, disputing the effective date, within one year.  

I'm going to appeal on ebenefits. The VA owes me a 2002 effective date. They denied my claim stating they had no strs. On my award letter it says strs were considered in the decision. The VA didn't get my strs until years after my denial. According to 38 CFR it doesn't matter if I failed to file a NOD since my claim was granted based on the strs the VA failed to get.

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Can you scan and attach here the decision for the 2002 claim that said they had no STRs?

(Cover C file ,name, address prior scanning it)

I agree this is a 38 CFR 3.156 claim but also it might be a CUE claim.

 

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After thinking about this, I wonder if the VA had a duty to even obtain the STRs in 2002, because something major might have been lacking,like diagnosis or stressor letter??? Was this for a PTSD claim?

Did you get a C & P at that time?

When VA said,in 2002 decision,  they had no STRs did they state they attempted to get them from NPRC?

 

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