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Some 38Cfr 3.156 Awards-Bva Back Up

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Berta

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Berta

Berta

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Posted

The BVA is back on line! Yippee.

Here are some recent decisions that involve 38 CFR 3.156 ©

“As discussed below, 38 C.F.R. § 3.156© is for application in the present claim. However, a review of the record reveals that the RO did not consider this regulation, either as in effect prior to, or as revised on October 6, 2006, in adjudicating the Veteran's appeal. Nevertheless, given the Board's favorable decision in this case, the Veteran is not prejudiced by the Board considering and applying the revised version of this regulation in the first instance. “

ORDER

An effective date of December 8, 1969, for the award of service connection for ulcerative colitis is granted, subject to the legal authority governing the payment of VA compensation benefits.

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files5/1146271.txt

“A 100 percent retroactive evaluation for PTSD for the period from

November 1, 1993, to June 29, 2006, is granted, subject to the

law and regulations governing payment of monetary benefits. “

The decision included a remand for this

“The Veteran's claim of entitlement to a retroactive evaluation of

100 percent for PTSD for the period from June 17, 1993, to

October 31, 1993, unfortunately must be remanded. Although the

Board sincerely regrets the additional delay, adjudication cannot

proceed without further development.”

The question seemed to be whether the veteran was employed by the VA during those months.

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files1/1105985.txt

“ORDER

Entitlement to an effective date of January 11, 1988 for the award of service connection for PTSD is granted, subject to the laws and regulations governing payment of monetary benefits. “

This veteran raised 38 CFR 3.156 as well as a CUE.

The BVA also remanded for this:

REMAND

“The Veteran's claim of entitlement to service connection for hepatitis C must be remanded for further development. “

http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp11/Files4/1138123.txt

There are just a few 2011 BVA decisions that reveal the powerful potential of 38 CFR 3.156.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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