E.e.d. Early Effective Date Appeals Process

[KDM]

I was intially given a non compensatiable ie zero perscent on scar and inguanal hernia.

I appealed in 2004 and had a CNP in 2012 they said they found new evidence or there was a new disabiliyt ie Pain .

I am stating the pain was already there and this is an appeal for an upgrade they paid me the ten percent backed to march 2012 not 2004 and say they have upgraded my scar and hernia to ten percent hence I should be given the back date of 2004 of my appeal as I am saying the same conditins exist adn there is no new claim in period please explain this to me I am looking for a EED.

[john999]

Bronco

Post that regulation if you can and break it down for me, so I can see exactly what you mean. I know that if you discover SMR's that were not part of the record but should have been that you can achieve an EED. I am trying to get about 30 years of retro via the CUE and I think I have a good case. Getting around "undebatable that evidence would have changed the outcome of a decision" is a big problem the way the VA interprets that term. You can have a mountain of evidence on your side and one shred of evidence on VA's side and then in their minds the evidence/decision is debatable. Reasonable minds would reject this if the VA was reasonable.

John

[broncovet]

38 CFR 3.156 New and material records

http://cfr.vlex.com/vid/3-156-new-and-material-evidence-19776250

[john999]

3.156 would not help in a claim where evidence in question is lost private records or VA records that were in the record but not considered at the time of original rating. 3.156 is just talking about service records for EED that should have been part of the record, but were not available at the time???

[broncovet]

3.156 differentiates between "new and material records" and new and material "SERVICE" records. If they are SERVICE records, that have been lost and found and have a reasonable potential of substantiating your claim, then you can get a much earlier date. If they are just "records", then you wont get any earlier date than the claim to reopen:

Read over this from the Purple Heart/NVLSP if you are seeking an EED:

http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

[broncovet]

The NVLSP has outlined several ways Vets can win an EED WITHOUT CUE:

http://www.purpleheart.org/ServiceProgram/Training2011/W-2%20Common%20VA%20Effective%20Date%20ErrorsL.pdf

[FormerMember]

John- That is an interesting point. I filed CUE because the VA refuses to consider that medical records from an "off-road" Air America Hospital in 1970 in the boonies are " official service records". This will be an interesting case when it gets there. Anything produced by any entity during your service should be probative, admissible evidence. VA would put the added stricture in that they be "official service dept. records". All laws are malleable and subject to a new interpretation because every possible combination of circumstances has yet to be encountered. Each is unique and demands a more nuanced examination of the facts surrounding it. That's why I love law. VA law is even more interesting for that matter alone.