Is This A Good Case For An Earlier Effective Date Using 3.157?

[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 October 25, 2014 by NavyWife

[free_spirit_etc]

NavyWife,

You are already way ahead of me. I was going to say I think your next step is to get the medical reports and see what they say. And we have time to keep checking to see if the doctor actually has to use the words "increase" or "worsen" in the report, or if other terminology can be used. Hopefully, at least one of the reports will have something useful.