What Is A "continiously Prosecuted Claim"?

[broncovet]

In what way is it treated differently than an "original claim" or "new and material evidence" claim?

[Philip Rogers]

I don't think it's treated any differently, it just maintains that original filing/effective date, same as original claim date. New and material starts a new date.

pr

In what way is it treated differently than an "original claim" or "new and material evidence" claim?

[carlie]

Ditto on pr's post.

If a claim has been Continuously Prosecuted that means

the claimant has not missed any deadlines to continue prosecuting

their claim and should recieve an effective date of when the claim

was originally filed.

jmho,

carlie

[carlie]

bronco,

Here's some BVA links that show continuously prosecuted claims.

carlie

http://www4.va.gov/vetapp09/files1/0906362.txt

http://www4.va.gov/vetapp09/files3/0923561.txt

http://www4.va.gov/vetapp09/files4/0927296.txt

http://www4.va.gov/vetapp09/files3/0919665.txt

[deltaj]

bronco,

Here's some BVA links that show continuously prosecuted claims.

carlie

http://www4.va.gov/vetapp09/files1/0906362.txt

http://www4.va.gov/vetapp09/files3/0923561.txt

http://www4.va.gov/vetapp09/files4/0927296.txt

http://www4.va.gov/vetapp09/files3/0919665.txt

One of these decisions mentions 38 CFR 3.400 (q). PlEASE READ THIS REGULATION CAREFULLY. Last time my husband got an Earlier Effective Date it was because of an Notice of Disagreement filed by his representative during an appeal period over V.A.'s failure to apply 38 CFR 3.156 and 38 CFR 3.400 (q) on a claim which was in continuous prosecution. That NOD laid out the issue of date of receipt of a claim, the dates of V.A. decisions, and the date of receipt of new and material evidence during an appeal period, which was a V.A. examination.

Edited December 23, 2009 by deltaj

[broncovet]

Delta...first THANK YOU! (I feel like I am just about to hit on what I need to win my appeal for EED) Then I am curious as to the application of exactly what this means:

"(q) New and material evidence (§3.156)—(1) Other than service department records—(i) Received within appeal period or prior to appellate decision. The effective date will be as though the former decision had not been rendered. See §§20.1103, 20.1104 and 20.1304(:)(1) of this chapter. "

Ok. Does "prior to appealate decision" mean prior to a BVA decision, or prior to a DRO decision? I would like to know how it worked out for you. I was always "afraid" of using "new and material evidence" because I was afraid it would "blow" my effective date out of the water..but maybe not?

[broncovet]

Based on Delta's and Carlie's posts, I am guessing that "a continuously Prosecuted claim" differs from one that is "NOT" continuously prosecuted primarily with a potential Effective date of claim. That is, I am guessing that if a Veteran does not give up on his claim, and he keeps on filing NOD's to his denials, then it would be "continuously prosecuted".

I guess I am not sure I like the word "prosecuted"...that sounds like the Veteran violated the law, and so the Va decided to prosecute him.

At any rate, it sounds like Veterans want to keep their claim "continuously prosecuted" in order to try to win a particular effective date. That is, the Veteran needs to make sure he doesn't miss any deadlines... or else the VA is going to try to shaft him on his effective date.

Gee..maybe Vets need to reword their claim to something like this:

"I would like to apply for Veterans benefits for the condition of PTSD, effective December 23, 2009, and continiously prosecuted until I am awarded my just benefits, along with applicable retroactive payments, plus dependents compensation for dependents...........plus applicable SMC compensation, and applicable TDIU.

Please also accept this as my notice of disagreement to any decision which does not award the above beneifts."

Edited December 23, 2009 by broncovet