I have a few questions concerning the appeal process as it concerns the decision, BVA, RO, and claim date that hopefully you all can chime in to help clarify.
1. When the BVA letter indicates a "complete grant" for sought benefits, does that mean award the maximum rating allowed? or just award and process?
2. Story Line - In my case, the BVA stated in my letter a few remands (for nasal related issues) and a "complete grant" for sleep apnea (Received the letter 5 days ago). The letter indicated my claim was through a credible lay statement (which described my condition while in service), DBQ from the sleep specialist (who indicated my symptoms started while in service from a nasal injury), and a sleep apnea study performed by VA post service in 2009. The letter indicated consistency of my condition. My claim for sleep apnea was entered in 2013.
My question is in regards to the effective date.
2a. What is meant by the date entitlement arose?
The va.gov website states "an effective date for service-connection for a disability that is directly linked to an injury or disease that was incurred or aggravated by military service is the date VA receives a claim or the date entitlement arose, whichever is later"..
2b. What is meant by whichever is later?
For instance, if these two dates (2/4/2016 for the date Va receives the claim and 1/5/2014 for the date entitlement arose) are in question, which is meant by later... the 2016 date or the 2014 date?
3. If the lay is credible and is indicating the time the condition was first noticed, and the medical evidence through the years also backs up my claim as credible without being a secondary condition, is it possible for the entitlement date to be initialized by back to my date of separation? or would it be the date of the 2009 exam? or would it be when the claim was entered in 2013.
4. Do remands put you in a bad situation or is it for our advantage?
As of now I am in Preparation for Decision for the granted condition and the remanded appeals are currently in the works which date back to 2008. I am just trying to get an idea of what to expect prior to a decision. Thank you for your responses in advance.
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JFizzle
Good day to you all,
I have a few questions concerning the appeal process as it concerns the decision, BVA, RO, and claim date that hopefully you all can chime in to help clarify.
1. When the BVA letter indicates a "complete grant" for sought benefits, does that mean award the maximum rating allowed? or just award and process?
2. Story Line - In my case, the BVA stated in my letter a few remands (for nasal related issues) and a "complete grant" for sleep apnea (Received the letter 5 days ago). The letter indicated my claim was through a credible lay statement (which described my condition while in service), DBQ from the sleep specialist (who indicated my symptoms started while in service from a nasal injury), and a sleep apnea study performed by VA post service in 2009. The letter indicated consistency of my condition. My claim for sleep apnea was entered in 2013.
My question is in regards to the effective date.
2a. What is meant by the date entitlement arose?
The va.gov website states "an effective date for service-connection for a disability that is directly linked to an injury or disease that was incurred or aggravated by military service is the date VA receives a claim or the date entitlement arose, whichever is later"..
2b. What is meant by whichever is later?
For instance, if these two dates (2/4/2016 for the date Va receives the claim and 1/5/2014 for the date entitlement arose) are in question, which is meant by later... the 2016 date or the 2014 date?
3. If the lay is credible and is indicating the time the condition was first noticed, and the medical evidence through the years also backs up my claim as credible without being a secondary condition, is it possible for the entitlement date to be initialized by back to my date of separation? or would it be the date of the 2009 exam? or would it be when the claim was entered in 2013.
4. Do remands put you in a bad situation or is it for our advantage?
As of now I am in Preparation for Decision for the granted condition and the remanded appeals are currently in the works which date back to 2008. I am just trying to get an idea of what to expect prior to a decision. Thank you for your responses in advance.
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OldJoe
For questions 1 and 2 I haven't had the "privilege" yet of getting to the BVA stage of the game. I am still hoping to get things cleared up at the lower level (not holding my breath though). For
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