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.

[carlie]

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.

I'd add - credible - to probative.

Here's a info link on Evidence for anyone that might want to read thru it.

Click below and scroll to:

http://www.benefits.va.gov/WARMS/M21_1MR3.asp

Chapter 5 - Evaluating Evidence and making a Decision

M21-1MR, Part III, Subpart iv, Chapter 5

Chapter 5. Evaluating Evidence and Making a Decision

1. Guidelines for Evaluating Evidence

[broncovet]

The VA is subject to all its regulations...the CAVC regurarly tells the VA they are not free to ignore their own regulations. Even if the Veteran files for CUE, the VA still has to follow 3.156C. The Veteran does not "give up" his rights mandating the VA comply with its own regulations just because the Veteran files a CUE. That is, the Veteran seeking review under the "Cue" standard of review does not "free" the VA from compliance with regulations, to include 38 CFR 3.156 C. 3.156 makes "zero" mention of any exceptions for Cue standard of review. The Cue standard of review does eliminate the benefit of the doubt, but it does not absolve the VA from regulatory compliance.

Edited April 9, 2013 by broncovet