Regulation ? On Earlier Effective Date

[hurryupnwait]

Anyone know the regulation that says that I can have an increase rating decided now and an earlier effective date issue decided later.

Happy Trails

Paul

[mountain tyme]

here is a link try this

http://www.hadit.com/forums/index.php?show...+effective+date

[free_spirit_etc]

I KNOW I read it somewhere. I keep thinking it was in the M-21 -- Not so much a "law" but a procedure. We were concerned if we asked for an earlier effective date - that it would hold up the WHOLE dang claim until the EED got the the BVA. But the manual had said that they should fo ahead and decided what could be decided and get benefits that COULD be paid in payment status - and defer the decision on effective date.

I guess you could always send that in LATER if someone finds it. Send a note asking - as you have filed for EED - you also request under ___ that they do not delay the whole claim while the effective date is being decided.

On the link mountain tyme sent -- this sounded more relevant to what you were talking about -- not a NOD or reopening. According to this - if they RECONSIDER your claim based on new evidence that you send in WITHIN the one year appeal period - then your appeal period doesn't START until they issue the NEXT decision.

FROM OTHER LINK

Another route that may be of some interest is the "reconsideration" route. This is where a claimant has received a rating decision and may disagree with that decision, but has "new" evidence that the Rating activity was unaware of at the time of their decision, and may think that the "new" evidence might result in a more favorable decision than the prior one. In this case the claimant has the one year appeals period to send in the "new" evidence and request that the Rating Activity "Reconsider" their previous decision. The claims folder would then go back to the Rating activity to be reconsidered and the RVSR would send out a new rating decision where the "new" evidence and possibly a new rating would be discussed if warranted. A request for reconsideration generally goes faster then an appeal because the claims folder goes back to the RVSR and is worked according to the original effective date (the date of the Informal Claim of Formal Claim). One thing to keep in mind is that if you request a "Reconsideration" with "new" evidence, you must do this within the one year appeals period. If you don't, then the VA must "Re-open" the claim and you loose your original effective date. Another thing to keep in mind is that if you send in "new" evidence within the one year appeals period and it doesn't change the prior decision, the RVSR will still produce a rating decision stating such, and then your one year appeals period starts over from that rating decision again.

I wasn't sure about that. Everything gets so technical - that sometimes you read one thing and think you are on the right track - and want to argue that - and explore it a little deeper - and discover that argument won't help - as they have a way to shoot it down.

COnsiderig the above information on the reconsideration - You might want to just advance all three theories...lumped in.

It looks like a reconsideration is kind of like a re-opened claim - except the case was never closed - as it had not been within a year of the intial decision. And I am reading the above to say the resconsideration starts a NEW start date for one year to appeal from the NEXT decision.

It is not like you did NOTHING. You DID respond.

I was notified ____. I responded ____. yadayayda -- Regardless of whether the RO considered my communication to be a NOD, a request for reconsideration, or a reopening of a claim - the effective date would be ___.

Actually, I guess they couldn't consider it a REOPENED claim - as the claim had not been closed or abandoned yet. So it would be a NOD or reconsideration.

Actually, now you have one year to submit evidence - and if they decided your case before that time, I think they have to redecide it if you send in more evidence. I am not sure if the same regualtions were in effect then.

I keep looking for the effective date info - but have been busy and am not sure where I stuck it.

Free