Question About Retro?

[Buck52]

IF a veteran established SC.for his disability but with 0% in 2010 and refiled for increase in 2014 for the same disability and was awarded 50% for that same disability

could he appeal the decision because they should have rated his disability back in 2010?? VA says they base this on his refile for increase in 2014& awared the 50%

he was awarded the 50%in 2014 and happy with it . I said hang on here something not right I'll find out.

I had another vet helping me with his claim and he mention that to me?

Anybody know for sure? if he can get reto back to his original file date? for the 50%increase?

Thanks in Advance

..............Buck!

[broncovet]

Yes, there are exceptions. 38cfr 3.156 a,b, and c are one set of exceptions. Other exceptions are those decisions containing CUE. Still more exceptions are listed in the "common effective date errors" by nvlsp. You know much more about the Veteran you are helping than I do, so I dont know if/how much the effective date errors apply to your Veteran.

However, it could involve retro of about 60 months or so, so it may well be worth hiring an attorney or at least have him look/see.

[Buck52]

section 38 3.156 © Earliest Effective Dates

not to reopen claim but reconsideration!

I read that if the veteran sends medical evidence that is favorable to his reconsideration after awarded the 50% then he is entitled to the original date as the earliest effective date? it don't say any time limit?

but it does say after award if vetern disagree with the decision then he has one year or files in timely manner.

it don't read exactly like that but similar.

Maybe I am reading that wrong?

But This is what I was thinking?

but this veteran never filed the increase until 4 years later from 2010 to 2014 so that might ''cost'' him?

I am still researching!

Thanks Everyone!

Buck!

Edited March 5, 2015 by Buck52

[brokensoldier244th]

It would be like a new claim, not a continuation of an existing one.

[Buck52]

broncovet,

This veteran don't have anything about his claim he never kept anything nothing! so I am just trying to see if I can help him all I got is his part of his Award letter from 2014 giving him 50% he or who ever? filed 2 -4 20 14 was awarded 9-25-2014 original claim 6-3 2010 awarded 0% SC.

Heck fire I was helping Veteran last Nov 2014 and I had to stop helping him on Ms carlie advise he was to verbally agurumentive and seem unappreciative & down right mean. could not please him he kept on saying hell no lets send this to them ****** he would get mad as hell if I said no we can't do that we got to get our ducks in a row VA law Is very complicated...he said COMPLICATED MY A**

Oh well I keep trying!

..............Buck!

[Buck52]

Well based on 38 CFR 3.156 section © He or someone should have appeal the decision within one year for reconsideration and not reopen the claim but its moot now no appeal was found , But I don't understand there's no time limit on a reconsideration are they? I am still searching for it if he did appeal he don't remember? eh!

I read 38 CFR's 3.156 a. b .c ...> Section C is the one in question?

Have his C-file requested at present!

...........Buck!

Edited March 5, 2015 by Buck52

[mrmark1999]

maybe file for an earlier effective date if the medical evidence from the original doctors or va show the same conditions

but good luck i have a NOD for an Earler effective start date and doctors letters and buddy letter and its been 2 years still waiting