ptsd Vigil V Peake 38 Cfr 3.156(c)

[Berta]

NVLSP in the TVA I just received presents Vigil V Peake-

A VA exam in the early 1980s determined the veteran did not have PTSD.

In 2001 he was awarded by to 1989 as he had been diagnosed with PTSD and JSRRC had found proof of his stressor.

The veteran appealed the EED using 38 CFR 3.156© The BVA "refused" to apply 38 CFR 3.156 © as they deemed the JSRRC report as not "newly obtained service records".

The CAVC however remanded this claim by setting aside the BVA decision and remanded for adjudication.

There is more to this of course but NVLSP makes this point:

There are many types of records that the JSRRC maintains.If these records were NOT obtained by VA when the vet first filed their claim-(and this seems specific to only PTSD stressor claims) then the VA receives these records from JSRRC years after the fact-"the veteran may be entitled to an earlier effective date of service connection for PTSD." Page 11 The Veterans Advocate July-December 2008

I am not allowed to publish all the info regarding this matter here-it is in the recent TVA.

NVLSP lists 8 criteria which the vet's claim must satisfy ij order to potentially gain a better EED under 38 CFR 3.156 ©

The dissenting opinion from Judge Lance (Vigil is at the CAVC web site) is the crux of Vigil-

it seems that

if every PTSD vet had a similiar circumstance,like Vigil-they would all potentially be able to argument for better EED under 3.156.

Very interesting legalize in the TVA--- they recommend all advocates (such as reps and lawyers)

become fully aware of Vigil V Peake.

[spike]

nice post Berta...thanks

[deltaj]

NVLSP in the TVA I just received presents Vigil V Peake-

A VA exam in the early 1980s determined the veteran did not have PTSD.

In 2001 he was awarded by to 1989 as he had been diagnosed with PTSD and JSRRC had found proof of his stressor.

The veteran appealed the EED using 38 CFR 3.156© The BVA "refused" to apply 38 CFR 3.156 © as they deemed the JSRRC report as not "newly obtained service records".

The CAVC however remanded this claim by setting aside the BVA decision and remanded for adjudication.

There is more to this of course but NVLSP makes this point:

There are many types of records that the JSRRC maintains.If these records were NOT obtained by VA when the vet first filed their claim-(and this seems specific to only PTSD stressor claims) then the VA receives these records from JSRRC years after the fact-"the veteran may be entitled to an earlier effective date of service connection for PTSD." Page 11 The Veterans Advocate July-December 2008

I am not allowed to publish all the info regarding this matter here-it is in the recent TVA.

NVLSP lists 8 criteria which the vet's claim must satisfy ij order to potentially gain a better EED under 38 CFR 3.156 ©

The dissenting opinion from Judge Lance (Vigil is at the CAVC web site) is the crux of Vigil-

it seems that

if every PTSD vet had a similiar circumstance,like Vigil-they would all potentially be able to argument for better EED under 3.156.

Very interesting legalize in the TVA--- they recommend all advocates (such as reps and lawyers)

become fully aware of Vigil V Peake.

Thank you Berta. Now I suggest everyone read this case. Simply Google the phrase Federal Circuit AND Vigil v. Peake. The second link that comes up is for NVOA News from the Courts. After opening that link simply tap the word next at the bottom of the page and then open the link for Vigil v. Peake. I learned this was a federal circuit case after searching the U.S. Court of Veterans Appeals website under the word Vigil where I found another case citing it. Keep in mind that the nasty comments at the bottom come from one lone judge who was dissenting from the majority opinion.

[Berta]

Delta-this AM I was helping a vet on another vets site-he is looking for some Morning Reports.

JSRRC does try to access all available records.

But I also found lots of goodies at the NARA site I had never knew were there and also in John Roche's book " The Veterans Survival Guide" 2002 Edition-I found some other research suggestions.

These days a vet can -right from the gitgo- manage to research by unit googles etc, lots of ways to obtain records, morning reports etc etc.

Perhaps if in 2001 or sooner Mr. Vigil had obtained the crucial records himself-maybe his case would not have taken so long.

'The veteran appealed the EED using 38 CFR 3.156© The BVA "refused" to apply 38 CFR 3.156 © as they deemed the JSRRC report as not "newly obtained service records".'

Interesting-

Not only was the BVA wrong here, this vet came under retro considerations of the 2000 VCAA.

Maybe cases like this are why the VA made the

statements contained in a past post I made here as to their clarification of "newly discovered/obtained service records."

Vigil sure is an important case.