Attention Hadit Members. Rin 2900-am15 Is Final Rule

[Guest jstacy]

I have been tracking this proposal since its inception. It is effective October 6, 2006.

This Rule amends effective dates for claims. There will be a change in the wording for effective dates based on this criteria.

My take on this is:

If a Veteran files a claim and is denied due to the unavailability of service record or part of the record, and re-opens the claim and gets an award, Then The Veteran can ask for an earlier effective date based on this rule.

This is list on the federal register 09/06/2006.

Edited September 11, 2006 by jstacy

[Done wit this]

I could be going to get that much? . We will see on my CP exam Just 40% and my 5 kids and I could be looking at that much myself? Interesting thought .Never looked at it with the money calc thing before.WoW!!

Macool

[Guest jstacy]

Your Kids are worth it.

[Guest jstacy]

It is now official: The 38cfr 3.400states Effective Dates New and material evidence, except for service department records.

[Berta]

This seems to apply to some of my claims as well as my DIC and 1151 status but I don't get it-

for example they say it applys to DIC payments "for months beginning April 1 , 2002"-that's me--- and then it would cover my claims filed on or after Dec 16, 2003.

This is The Bonny V Principi decision date.

In 2003 I filed a claim on Bonny as to the CAVC decision.The regs were not out yet-

But the published regs precluded deaths after Dec 16, 2003.

I then made point to VA that since the VA killed my husband he could not hang on until Dec 16,2003.

I recently asked General Counsel for an opinion on this- The VARO stated twice since Jan 2003 that I would get an admin decision but I never did-

I dont get this-I have the Fed Reg RIN 2900-AM27- August 8, 2006

these seem to be new regs for widows and some specific veterans-AO, Sec 1151s,some pension vets and Radioactive vets.

Am I looking at the right one?

[Berta]

OK -I see where it is!!!! - yeah bout time they squared this away:

http://a257.g.akamaitech.net/7/257/2422/01...06/E6-14746.htm

But DIC widows , Section 1151ers and Radiation and Herbicide vets (AO) should also read August 7,2006-

RIN 2900-AM 27-in the Federal Register-

because it looks like these new regs will benefit us---

as well as the Sep 6, 2006 regs on effective dates-WHOOOOOP TI DOOOO---

Does anyone recall when we discussed this as a proposed reg here at hadit???

Maybe about a year ago? Actually it did not seem to take them long to decide this.

Edited September 11, 2006 by Berta

[Guest jstacy]

Terry, It means that when they do get the records, The seame old same old applies because they will not get the records.