Earlier Effective Date?

[free_spirit_etc]

Speaking of making sure you address every issue with the BVA, as you cannot add evidence or argument between the BVA and CVA -

If the BVA grants service connection, but you don't agree with the effective date - do you file a claim for an earlier effective date with the RO and then work up through the system again - Or do you have to appeal that issue directly with the CVA.

I would tend to think it might be best to get SC first, and then worry about the effective date. But if the next step would have be the CVA, and not back at the RO, that might change things.

[Berta]

"I would tend to think it might be best to get SC first, and then worry about the effective date"

That is the most important goal of any claim. It isn't 'best ' to get ...it is Mandatory to get.. Get SC first.

Get SC and then work from that and keep going any other potential issues that directly involve the SC, in process.

Such as accrued, potential secondarys etc etc .............

Free spirit we have considerable info via our main page here on the claims process ,from A to Z.

We have the whole 9 yards from VARO to BVA to CAVC to even the Federal Circuit court.

The answers to many of your questions are here. I use Goggle instead of our hadit search feature, and I google what I need (say Nehmer accrued) and then add hadit.com after the search words. Plenty will pop up.

If the VA awards your DIC claim, and if there were pending claims when your husband died, and you have a valid accrued claim in process or in appellate status , the DIC award will possibly impact on your pending accrued claim.

Possibly. Hard to say.

2 of my DIC awards had nothing to do with my initial accrued claim.

Accrued claim for PTSD SC. 100% P & T filed Jan 1995 awarded June 1997.

Third DIC award:

CUE for SMC accrued under 1151 filed 2004,ten years after the veterans death.

The 1151 100% accrued award had nothing to do with the Nehmer AO death award (2012)or the DMII death award.(2009)

It did have to do with the 1998 DIC award.

That is why I say 'possibly.' a DIC award in your case could affect your pending claim for accrued benefits.

If you have a valid pending accrued claim.

In another recent post somewhere at hadit today you asked something as to how to determine if your husband had any claims pending at death.

If you have an accrued claim pending ,I think you would know that answer.

Survivors can only support with evidence the claims the veteran themselves had pending at death with the VA.

Edited October 5, 2013 by Berta

[free_spirit_etc]

"I would tend to think it might be best to get SC first, and then worry about the effective date"

That is the most important goal of any claim. It isn't 'best ' to get ...it is Mandatory to get.. Get SC first.

Get SC and then work from that and keep going any other potential issues that directly involve the SC, in process.

Such as accrued, potential secondarys etc etc .............

Ah good! That eases my mind a lot! And makes my life at this point MUCH easier!

I have already brought up that there are possible other issues for accrued benefits besides the cancer. So they are "before the Board" somewhat. But I haven't really developed them - and would really prefer not to muddy the water, so to speak, while the BVA is considering my DIC claim.

As my husband's discharge physical is not in his file, I am wondering if I can ask the BVA to defer the issue on accrued benefits for other conditions, and remand to the RO to assist me in trying to get a copy of his discharge physical before deciding any of those claims.

I requested the RO to look for the discharge physical and they said they couldn't find it. I also requested it from the BVA - and they said it is not associated with his file. After reviewing the records, I don't think it was in the file when they decided ANY of his claims. So to give me more time to work on the other issues, and to keep from complicating the claim at this point when I am trying to get DIC, I am wondering if I could just request that the Board remand the claim to the RO in regard to other potential entitlements for accrued benefits besides the cancer - as the RO has not explored whether there were any other potential pending claims in the first instance, and as the discharge physical is not part of the record, but the VA has not exhausted their remedies to locate it under the duty to assist.

Free spirit we have considerable info via our main page here on the claims process ,from A to Z.

We have the whole 9 yards from VARO to BVA to CAVC to even the Federal Circuit court.

Thanks! I will look through that!

The answers to many of your questions are here. I use Goggle instead of our hadit search feature, and I google what I need (say Nehmer accrued) and then add hadit.com after the search words. Plenty will pop up.

I do that too! I even do that to find some of my own older posts. LOL And believe me - I am not just sitting here asking questions instead of researching myself. I research and research and research! That is pretty much my life right now.

If the VA awards your DIC claim, and if there were pending claims when your husband died, and you have a valid accrued claim in process or in appellate status , the DIC award will possibly impact on your pending accrued claim.

Yes. The main pending claim for accrued benefits was my husband's pending claim for his cancer. So getting DIC for that would make it more likely that the accrued benefits claim would be granted (as long as the VA decides there was enough evidence in his file on the date of his death to grant the claim).

Possibly. Hard to say.

2 of my DIC awards had nothing to do with my initial accrued claim.

Accrued claim for PTSD SC. 100% P & T filed Jan 1995 awarded June 1997.

Third DIC award:

CUE for SMC accrued under 1151 filed 2004,ten years after the veterans death.

I am wondering if I should ask for this at this point. But I think it would only be for about a month, on the housebound issue.

The 1151 100% accrued award had nothing to do with the Nehmer AO death award (2012)or the DMII death award.(2009)

It did have to do with the 1998 DIC award.

That is why I say 'possibly.' a DIC award in your case could affect your pending claim for accrued benefits.If you have a pending accrued claim.

Edited October 5, 2013 by free_spirit_etc

[harleyman]

I agree with Berta. Service connection first and see what the VA uses as thier effective date. They might surprise you and get the date correct when they make the service connection award. Crazier things have happened. - H

[free_spirit_etc]

Ah! You both a wonderful!!!!

BUT -- can I ask for a remand on the other (non-cancer) issues - to kick them down the road a bit without losing the right to them?

Edited October 5, 2013 by free_spirit_etc

[broncovet]

Keep it in perspective:

To appeal a RO decision, you file a NOD and specify either DRO review or BVA.

To appeal a BVA decsion, you file a NOA and appeal to the Court of Veterans Claims.

This applies to whether you are appealing the effective date, service connection, disabilty percentage, etc.

You wont get an "effective date" until you have been granted a disability rating and percentage, at the RO level. So, if you dispute the RO's effective date, you appeal it at either the DRO review or BVA. If you lose at the BVA level, you can appeal your Board decision to the Court of Veterans Claims.

[free_spirit_etc]

Broncovet,

Thanks!

I am at the BVA level.

So do you mean that if I am granted DIC, and accrued benefits for my husband's cancer by the BVA - it will go back to the RO to decide the effective date?

AND - I have already brought up to the Board that the RO mentioned accrued benefits for cancer, but did not address whether there were other pending issues in the claim (such as other respiratory illnesses, increased ratings for his SC conditions, etc.)

So if the BVA says there are no other pending claims - that means I would need to be ready to take it to the CVA or drop it. I would prefer to have those kicked back to the RO at the moment.

So again - I am still trying to answer the question "So to give me more time to work on the other issues, and to keep from complicating the claim at this point when I am trying to get DIC, I am wondering if I could just request that the Board remand the claim to the RO in regard to other potential entitlements for accrued benefits besides the cancer - as the RO has not explored whether there were any other potential pending claims in the first instance, and as the discharge physical is not part of the record, but the VA has not exhausted their remedies to locate it under the duty to assist."