V.a. General Counsel Precedent Opinion 12-98

[deltaj]

Lately we have been discussing earlier effective dates a lot. Could someone please set up a link to V.A. General Counsel Precedent Opinion 12-98 because this explains entitlement to an earlier effective date of 38 CFR 3.400 (o) (2). Earlier effective dates may be available under 38 CFR 3.400 (q) in some instances. This precedent opinion, as far as I can recall, does not discuss earlier effective dates under 38 CFR 3.155 which pertains to informal claims.

Edited June 16, 2009 by deltaj (see edit history)

[Wings]

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PREC 12-98 Effective Date of Increased Rating Claim -- 38 C.F.R. § 3.400(o)(2) and (q)(1)(i)

Citation: Vet. Aff. Op. Gen. Couns. Prec. 12-98, VAOPGCPREC 12-98, 1998

LINK http://www.va.gov/ogc/opinions/1998precedentopinions.asp

[deltaj]

Hope it works:

pr

http://www.warms.vba.va.gov/qfullhit.htw?C...HiliteType=Full

Thank you for posting the link. Note that the top link on the window that opens is for the full 8 page V.A. General Counsel Precedent Opinion Memorandum.

[Philip Rogers]

FYI, the link I provided was the complete opinion memorandum also, but I guess no one liked mine, so I've deleted it.

pr

Thank you for posting the link. Note that the top link on the window that opens is for the full 8 page V.A. General Counsel Precedent Opinion Memorandum.

[Berta]

One of the most profound regs dealing with EEDS is the Nehmer decision.

Any AO vet should carefully read the Nehmer Retro Regs as -and I have mentioned this here before many times-

VA has certainly tried to hold back AO comp from vets and widows. NVLSP found almost 30 million had been withheld from AO vets years ago but they are still doing it.

The AO retro regs are divided into the 3 classes of AO Class Action Members explained in detail in the VBM by NVLSP.

For example- the BVA on remand reminded VA I would be entitled to ancillary benefits I don't get now plus a refund of a five figure settlement offset (FTCA) if I succeeded on my AO death claim.BVA understands the Nehmer decision.

When I got the award from BVA in April- about 3 weeks later the award came from the VARO-Forgetting completely that they owe me the offset amount, also a new Chapter 35 date and award (which I need to recover 6-7 thousand I paid to my school when my Chap 35 under Rod's posthumous 100% SC P & T award ran out) a proper new CHap 35 award for my daughter), SMC consideration (300% SC)and proper accrued, also one additional year SC 100% accrued due to Nehmer,

there were 6 issues I had pending and I forget this minute what they all were-all resolved by the BVA award -or should have been-

they are close to 6 figure award if not over and yet the RO somehow deliberately ignored the prime facet of this award- the Nehmer decision and the ancillary benefits and offset statement by the BVA.

I think this is happening more than we know-

Agent Orange veterans and their widows are being denied the provisions of Nehmer.

I raised Hell with them right away- and they are working on the proper award now.

Every AO veteran and widow is in a Class Action case- the Nehmer Class Action-which NVLSP won years ago.

VA is not even mentioning Nehmer in their AO awards because they dont want us to know the ramifications of this type of award.They are afraid we will google Nehmer and find how vastly different the proper AO retro awards can be in many AO claims- beyond the regular traditional EEDs.

VA had the audacity to state that due to my receipt of DIC under 1151-there are no other monetary benefits due to me with the direct SC award.

In spite of the BVA's clear statements that I am ( and even NVLSP agreed)

They depend on us all to have our heads in the sand and not be fully aware of what they owe us.

NVLSP has an entire section at their web site on the Retro aspects of Nehmer.

Each case has to be considered individually to figure out what category of the class action the vet or widow is in.

My former Service rep-when he read my claim-filed specifically in 2003 under auspices of Nehmer-

asked me who and what Nehmer was.

He was already getting AO comp for DMII from VA and didnt even know if his retro was correct.

[Wings]

FYI, the link I provided was the complete opinion memorandum also, but I guess no one liked mine, so I've deleted it.

pr

PR, I tried your link but it didn't work (for me), so I posted another link in addition to yours. ~Wings

[deltaj]

PR, I tried your link but it didn't work (for me), so I posted another link in addition to yours. ~Wings

Philip, Bless you for posting the link. It's just that V.A. shortens information sometimes and leaves out important stuff that can help a veteran win. I just happened to notice that on the website of V.A. General Counsel Precedent Opinions 12-98 is longer and more comprehensive. Please don't forget, Philip, that all of us here are volunteers and the efforts of all of us, including you, are appreciated. Thank you for trying to help me by posting the link and I congratulate you that you are technically savvy enough to post a link. I haven't learned to do that yet so I'm always asking people like you to do that for me. Please don't be discouraged when a more detailed version of an opinion is found by someone else.

Edited June 19, 2009 by deltaj (see edit history)

[broncovet]

Easy way to post a link:

1.Go to the website you want to post, in another window, and highlight the address bar.

2. Hit "CTRL and C" at the same time, (or go to file, then copy)

3. Click in area where you want link posted, such as hadit.

4. Hit "CTRL and V" at the same time, (or go to file, then paste)

This is known as "Cut and Paste" and works for many things, not just links.

Another method:

Use the "link" button, and cut and paste the link in the box that appears, as above. The link button is just to the right of the smiley face, when you are typing in a post. (the smiley on top)

Edited June 19, 2009 by broncovet (see edit history)

[Rockhound]

I filed a claim January 22, 2008 and it was decided October 14, 2008. I filed for increase due to seconday issues of this claim in January which gave me a 10% rating. In March 2008 I filed for the increase for the secondary issues that were not rated,(whether or not the VARO should have considered these problems, I can't say, because I did't specifically apply for them) any way, the increase for the secondary issues, was done with in one year of the claim in January 2008, would that mean that if I should prevail on my claim for increase, that the EED would actually be in Jan, 2008 when the January claim was made and not the date of the claim for increase filed in March of that same year, since it was made within one year of the the claim in January 2008? (provided the evidence shows that the secondary issues were their in January 2008 as well)

Rockhound Rider B)

Edited June 20, 2009 by Rockhound (see edit history)

[allan]

I have to second delta's statement Phillip.

I sure appreciate your input, posts & links on hadit.

It's not only helped me but many others.

Allan

[Philip Rogers]

Delta, I don't have a problem w/it. I was just havin' fun!!! ;-) Wings is probably the best researcher I'll ever meet/know. You never need worry about me getting offended. I've got body armor!!! rofl

pr

Philip, Bless you for posting the link. It's just that V.A. shortens information sometimes and leaves out important stuff that can help a veteran win. I just happened to notice that on the website of V.A. General Counsel Precedent Opinions 12-98 is longer and more comprehensive. Please don't forget, Philip, that all of us here are volunteers and the efforts of all of us, including you, are appreciated. Thank you for trying to help me by posting the link and I congratulate you that you are technically savvy enough to post a link. I haven't learned to do that yet so I'm always asking people like you to do that for me. Please don't be discouraged when a more detailed version of an opinion is found by someone else.