[missed 1 year timeline appeal]

I finally figured out how to do this! I hope this is all thats was needed..

thanks again, everyone.

[missed 1 year timeline appeal]

12 hours ago, broncovet said:

38 CFR 3.156 has "2" ways to reopen and get an earlier effective date.  

1.  3.156 C   If the "new evidence" was new "Service records" which establish your disorder was caused in service, then you can argue for an eed.

2.  3.156 B This allows you to reopen a "pending claim", that is, one that is still in some stage of the appeal process.  

    Otherwise, if you try to reopen due to new evidence, the earliest effective date you will get is the date you sent the new evidence.  

Exceptions, as Berta pointed out is if you applied within a year of service.  

Berta can help you with CUE, BUT..there are lots of pitfalls with cue.  It has to be undebatable, based on the laws at the time, and the error has to be "outcome determinative."  The VARO failure in its duty to assist isnt cue.  

If you reapply, get awarded and you get a bad effective date, you can appeal the effective date and make a case for a 96 effective date as that is when you first applied.  However, the effective date is the later of the "facts found" or the date you applied, so you would need to show you met the criteria all the way back to 1996.  It isnt enough to just apply, you have to meet the criteria.  

OMG do i have some learning to do! 

I've got to admit i am lost as to all the EED, CUE, VARO and all of it..wow

I need to get all this down..I really really appreciate this help and advise here. Thanks everyone

I'll try to post my papers here shortly, hope i can get that done!

[missed 1 year timeline appeal]

Submitted multiple claims in 96' 

I was told nothing in from VA office multiple times.

Fast forward to May 2017, I visited VA again. They scheduled physical exam and was given a 10% disability. Based on my prior claim for only 1 of my issues. 

I was back paid from 96' but all other claims were denied. I went back to appeal and was told that there wasn't a "time limit" even knowing my papers said i had 1 year to appeal. 

I came into active duty with a prior jaw injury, while in service I had a complete reconstruction of upper jaw with bone grafts from hip and 4 implants to upper maxilla which took over 2 years to complete. 

This is now causing me pain and smelly discharge from my implants, What can i do since i missed my 1 year window of appeal?

I also want to appeal the 10% rating...What would you guys recommend?