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Earlier Effective Date ?
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militarynurse
The situation: After appeal using a lawyer, a compensation claim is remanded back to the RO by the CAVC and service connection was then finally granted by the RO but with an effective date inexplicably years after the original claim was filed. A NOD was not timely filed for the earlier effective date (EED).
Question: 1) Is the wrong effective date a misapplication of law and hence a CUE?
2) Since the time for a NOD has run out, is there any remedy to obtaining an EED after that point?
The only issue is for obtaining an earlier effective date back to the date the original claim was filed.
Keeping this simple, isn't the VA supposed to use the original filing date as the effective date of the claim?
Any assistance appreciated.
Edited by militarynurseLink to comment
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FormerMember
By not filing the NOD, you agreed with the substance of the rating. The only way to revisit this as CUE is to apply the CUE test. Three prongs must be met and each one cannot be wishful thinking. They
ketchup56
Read 38cfr 3.156
john999
In my CUE the VA clearly excluded my doctor's evidence. So far I am losing because before 1990 something the VA had the assumption that they read and considered all evidence of record even if it was
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