Early Effective Date/remand/new Evidence And Appeall

[KDM]

THE ISSUES Appeal arose from a MArch 2004 rating descision in wich the RO inter alia denied a compensable rating for the status post hernia repair but granted service connection and assi=gned an intial non compensatiable rating for the scar.

Vet filed notice of dsiagreement with the assigned rating in 2004, ro issued statement of case I filed a substantive appeal via form 9 in 2005

This all encompasses the increase etc they gave me the increase based on new evidence found in MArch 2012 CNP and granted me a ten percent increase below are the issue for remand and what was sent back to the RO.

1. Entitlement to an increased (compensable) rating for status post hernia repair.

2. Entitlement to an initial, compensable rating for surgical scar residual to hernia repair.residual to hernia repair. prior to April 3 2012

3. Entitlement to a disabylity rating in excess of ten percent for surgical scar residual to hernia repair from april 3 2012.

In an October 2012 Rating decision the AMC granted a ten percent disabyltiy rating for surgical scar resudal to hernia repair effective april 3 2012..

However in as mmuch as a higher rating is available for scar before and after that date and Veteran is presumet to seek the max board now see this as encomp[assing the second and third issues

As a final pre;limanary matter in febuary 2013 the veteran disagreed with the effective date of his ten percent increase granted by the AMC in the october 2012 rating descision.

This claim for and EED has not yet been addresed by the RO as such this matter is not properly before the board and is referred ti the RO for appropiate action

[KDM]

If I appealed in 2004 within the one year period of denial and then in 2012 during a CNP exam they found "New Evdidence concerning scar" during this CNP does my Early effective date remain within the boundaries of the Appeal since it was before the 1 year experation date although the new evdiecne was found years later after the factt?

[broncovet]

There is quite a bit here on appealing the effective date. Your decision appears that you did not appeal the effective date. Did your NOD specify you were appealing the effective date??

Remember, you can not appeal issues addressed by the board which are Remanded. You have to wait for the RO to make a decision on the Board's remand, and, only then, if you dont like the results of the remand, you can appeal.

Based on what you posted, you should be eligible for an EED based on 48 CFR 3.156, reopening due to N and M evidence. To appeal the effective date, you first need to be awarded benefits, along with a disability percentage.

The VA loves to "chop" the claim into parts for EACH condition claimed:

1. Service connection...they award (or deny) service connection and only then consider a disability percentage and effective date. If you dont have service connection and a disability percentage, then it isnt applicable to appeal the effective date of award.

2. Disability percentage.

3. Effective date

4. SMC

By cutting your claim into these pieces, the Va can turn a claim that should take 125 days into years, as they often only decide ONE of these at a time.

[KDM]

This statement is part of the Remand and I had filed an EED after they gave me ten percent increase in 2013

"As a final pre;limanary matter in febuary 2013 the veteran disagreed with the effective date of his ten percent increase granted by the AMC in the october 2012 rating descision.

This claim for and EED has not yet been addresed by the RO as such this matter is not properly before the board and is referred ti the RO for appropiate action"