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Questions About Back Pay

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navydoc2

Question

I was awarded TDIU in August of 09 dating back to Feb of 09. I stopped working in June of 08. I was wondering if I could get an earlier effective date back to June of 08. I would also like to know if since the clock has run out on the NOD for this claim, if I just missed out and am sol. Thanks.

/doc

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This is what I meant and I have whipped this off to them many times:

"§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.

“b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. “

Source: September 23, 2004 M21-1, Part VI

Change 118

______________________________________________________________________________

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 3_ADJUDICATION--Table of Contents

Subpart A_Pension, Compensation, and Dependency and Indemnity

Compensation

Sec. 3.159 Department of Veterans Affairs assistance in developing

claims.

(a) Definitions. For purposes of this section, the following

definitions apply:

(1) Competent medical evidence means evidence provided by a person

who is qualified through education, training, or experience to offer

medical diagnoses, statements, or opinions. Competent medical evidence

may also mean statements conveying sound medical principles found in

medical treatises. It would also include statements contained in

authoritative writings such as medical and scientific articles and

research reports or analyses.

(2) Competent lay evidence means any evidence not requiring that the

proponent have specialized education, training, or experience. Lay

evidence is competent if it is provided by a person who has knowledge of

facts or circumstances and conveys matters that can be observed and

described by a lay person."

(I always highlight the Change to M21-1MR part-

they must hate me ! HA HA !!!! I love to use M21-1MR to point out their errors!

38 USC is the law, CFR is the interpretation of the law as written as a regulation, and M21-1MR tells VA exactly how to handle and apply these regulations to our claims.

Edited by Berta
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sorry please forgive

ocreswell,

Welcome to Hadit.com .

Please re-post your questions as a new topic you start

in a Forum of your choice.

If you put your questions in the middle of another members questions

then their questions usually get obliterated.

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