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Is This A Good Case For An Earlier Effective Date Using 3.157?
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NavyWife
Is this a good case for an earlier effective date using 3.157?
I'm looking to get some opinions. I've been reading about 38 CFR 3.157 as an exception to the usual effective date being the date of claim.
My hubby was med boarded out of the Navy & received service connection for seizures. I was able to access partial medical records through MyHealth E Vet blue button feature. I saw he was treated 5 times by the VA for seizures with the 1st time being in 1997. Since he had VA treatment for his service connected disability, and we have now filed a formal claim for increase of the seizures, would he be eligible for a 1997 Earlier Effective Date under the 3.157 exception?
Here's a link to the 3.157 wording.
http://www.law.cornell.edu/cfr/text/38/3.157
Below, I have posted some excerpts from a BVA case related to 3.157.
With regard to the terms "application" or "claim", the Board
notes that once a formal claim for compensation has been
allowed, receipt of a VA hospitalization report, a record of
VA treatment or hospitalization will be accepted as an
informal claim for increased benefits, and the date of such
record will be accepted as the date of receipt of a claim.
38 C.F.R. § 3.157(b)(1); see also 38 C.F.R. § 3.155(a).
38 C.F.R. § 3.155© provides that when a claim has been
filed which meets the requirements of 38 C.F.R. § 3.151 or
38 C.F.R. § 3.152, an informal request for increase or
reopening will be accepted as a claim. 38 C.F.R. § 3.157
provides that once a formal claim for compensation has been
allowed, the date of outpatient or hospital examination will
be accepted as a claim when such reports relate to
examination or treatment for which service connection has
previously been established or when a claim specifying the
benefit sought is received within one year.
Edited by NavyWifeLink to comment
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carlie
Treatment can equate to several things. If the 5 treatment records simply relate to medications, that won't be any help for an increase. What do the 5 treatment records state in regards to nu
free_spirit_etc
There is a January 4, 2013 decision on effective dates posted here: http://veteranclaims.wordpress.com/2013/01/04/harris-v-shinseki-no-2012-7111decided-january-4-2013-fedcir-38-u-s-c-%C2%A7-5107b-duty
free_spirit_etc
I like this part: "In contrast, the statutorily-mandated benefit-of-the-doubt rule assists the VA in deciding a veteran’s claim on the merits after the claim has been fully developed: “When there is
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