YOUR FAVORITE REgulation

[broncovet]

I was just reading about Berta's favorite, and Alex was discussing one of his.  So, please give your "favorite regulation" for helping Vets win claims, and why. 

I will start:

Mine is 38 CFR 3.156, "New and Material Evidence".    Why I like it:  It enables Veterans to often get an earlier effective date, WITHOUT a CUE.  You can get an earlier effective date if you submit New Evidence WITHIN the APPEAL PERIOD, that is, on a "pending claim".  (38 CFR 3.156 B)

OR

You can get an earlier effective date if you submit New "Service Records" (anytime!) 38 CFR 3.156 C.  

Caveat:  It does not work well unless you can use NEW SERVICE RECORDS (3.156 C)   OR you submitted the new evidence when your claim was pending (3.156 B) 

Reason:  If you submit new evidence and its NOT new service records or on a pending claim, your new effecitive date will be the date you submitted the new evidence (bummer).  

Berta:  Please tell us why you like 4.6 and how it will help Vets, and the rest of you who have used a regulation to better your claim, tell us about that one, too!  

Edited February 5, 2017 by broncovet

[Buck52]

I have several Favorites 

the one that sticks out in my mind  is the 4.6 Evaulation of evidence!

§4.6   Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

This is usually why we have the ''prep for decision''

& VCAA  FROM 2000 I like too!

But What about the veteran that has their evidence and VA fails to read it or say they don't have it and denies his/her claim  and they have to get the appeals line....when other wise they had the evidence to prove their claim.

 Due Process seems to not mean anything with the VA.

This is a question that gets ask a lot  and I have no answer for?

 

Edited February 6, 2017 by Buck52