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carlie

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Can anyone provide this info ?

When did VA become required to:

List Evidence Used ?

Provide Reason & Basis ?

Provide SOC's & SSOC's ?

Thanks to all,

carlie

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Can anyone provide this info ?

When did VA become required to:

List Evidence Used ?

Provide Reason & Basis ?

Provide SOC's & SSOC's ?

Thanks to all,

Carlie, Im not too sure but I beleive it happened when President Clinton signed the Veterans Claims assistance act into law some time in 1999. It changed the burden of "proof" on to the VA and off the veteran, also to list the reasons :D

Happy New Year. Success to all

Arch

VCAA.doc

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It also altered some CUE claim bases-and some retro decisions-

(The VCAA)

However- in spite of that veterans have won CUES on erroneous decision that date back decades-

like the one I posted that went back to 1950s or 1960 -forget-

CUE granted.

I had a DIC claim in 1981 and I never really got any reasons , bases or any list of evidence they used-

They established a death pension entitlement but my SSA due to the veteran's death -knocked that out.

I was SO DUMB then -

It seemed to me a weak claim but the Vietnam Veterans of America (I was one of first Assoc members of that org) insisted I file the claim. So I bought what they were selling in the SC death denial.

Now I realise it was a strong claim. I cant CUE it- I since married the Vietnam vet who I get DIC for now-

Thanks for reminder- I have a vet who got retro -after 12 years-back to the VCAA date- the logic there alluded us so we filed NOD on that or a CUE on an old decision (forget which)and he then got back to 1985 -

I saw the date of the VCAA used as retro date in some claims-

I fully believe the veteran-in most cases- should challenge that- if the medical evidence supports more retro-

also I was reminded by this post to check with another vet I helped-

he has SC diabetes -long standing claim- years and years -and they finally awarded him last Dec for SC diabetes back to the date of the last C & P he got.

Is that ridiculous or what?

The NOD I prepared fully suggested how could the veteran possibly get diabetes at a C & P exam?

This vet had a nexus problem and I helped the state of NY on this claim.

His Nexus was clearly in his BVA denial, his SMRs, and supported by advancing medical

documentation-a ree flag for the military doctor- that he is now legally blind from-

as consequence of the SC DM-

we also raised the issue of his numerous secondary conditions due to the diabetes, like the vision loss- and they have yet to properly award him on any of them.

Edited by Berta
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"back to the date of the last C & P he got).

That's as far as mine went on the TDIU??

Isn't that normal?

sledge

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