Earlier Effective Date

[carlie]

Trying out cut & paste - something HADIT members taught me.

D. Effective date

Pursuant to 38 C.F.R. ù 3.400(B)(2), the effective date of VA disability compensation benefits for direct service connection is the "[d] ay following separation from active service or

date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later." See 38 U.S.C. ù 5110(a), (B). In this case, the veteran was separated from service in October 1978. R. at 24. The first time she filed a disability compensation claim was in December 1982. R. at 75. That claim was denied finally in May 1983. Since her original claim was not received within the one year following separation from service in October 1978, an effective date cannot be assigned retroactive to October 1978, as the appellant requests.

Best to all - carlie

I don't know how these smiley's got in here -- This was not on pourpose.

Also, is there a spell checker in this format ?

Edited July 26, 2005 by carlie

[Alex]

Carlie --

Do not, above all means. overlook any unadjudicted claims in your file. These re a lot easier to win EED than filing for it separately, because then the draconian standarda for granting CUE apply. Given the harsh standards the CAVC/Fed Circuit has imposed on CUE. I hzave a rule againsy taking all bnut a few CUE claims. but never one for EED.

Maybe when my backlog diminishes (and I lost another staff attorney this wek). I will modify this policy, but that is a big maybe: why spend a lot of time on a claim almost impossible to win rather than spending time on claims tht ar easy to win?

Alex

Alec