Just wondered if anyone that filed an agent orange CLL claim prior to October 16, 2003 has been successful in getting VA to move the effective date back. I've appealed my effective date twice, once informally and once officially and keep getting denied. This is perplexing since there is internal VA guidance in VBA Fast Letter 06-16 stating that due to court action CLL claims will be retroactive to date of claim. Also,several BVA appeals concering the effective date of CLL claims have gone against the VA. And, a few months ago the Ninth Circuit Court of Appeals found against the VA on this matter. That court gave them an unprecedented chewing out over their foot dragging. Obviously I'll file a NOD, but I'm wondering why they persist in ignoring the courts and their own internal guidance.
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jhfleet
Just wondered if anyone that filed an agent orange CLL claim prior to October 16, 2003 has been successful in getting VA to move the effective date back. I've appealed my effective date twice, once informally and once officially and keep getting denied. This is perplexing since there is internal VA guidance in VBA Fast Letter 06-16 stating that due to court action CLL claims will be retroactive to date of claim. Also,several BVA appeals concering the effective date of CLL claims have gone against the VA. And, a few months ago the Ninth Circuit Court of Appeals found against the VA on this matter. That court gave them an unprecedented chewing out over their foot dragging. Obviously I'll file a NOD, but I'm wondering why they persist in ignoring the courts and their own internal guidance.
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