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Effective Dates

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broncovet

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Are you entitled to an Earlier Effective date on your decision? You may be if you are in one one of these exceptions to the general rule that the effective date will be the later of the "facts found" or the date you applied. I gleaned this information mostly from the purple heart site. Here are the 9 exceptions to the general rule; if anyone has any more exceptions please post them:

1. Evidence received prior to end of appeal period. (Pending claim)

2. 38 CFR 3.156 C New Service Records.

3 Failure of the VA to inform Veteran of time limits.

4. Informal/Inferred Claims can lead to an EED.

5. When condition worsens within a year of claim for increase.

6. Liberalizing Regulations

7. When Vet applies within a year of discharge.

....and the ones I have added to the list:

8. Clear, Unmistakable Error can lead to an EED.

9. Nehmer claims have special rules for the effective date.

For details, see the purple heart website below, Nehmer or CUE.

http://www.purplehea...e%20ErrorsL.pdf

Edited by broncovet
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Great job Carlie...

This "rounds out" the exception list from 9 to an even 10.

3.157 showing that a Veterans hospital admission or visit to the clinic can establish the claim effective date. Link is here:

http://law.justia.com/cfr/title38/38-1.0.1.1.4.1.58.66.html

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  • In Memoriam

What about claims that were denied prior to the CAVC (1987) and years later granted?

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

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Good question, Stretch. Having not looking into this in depth, my first impression would be that Number 1 ( Evidence received prior to the end of the appeal period) OR number 3 (failure of the VA to notify the Veteran of time limits) or number 6 (Liberalizing Regulations) would apply.

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