Reopened Claims Must Read For Earlier Effective Dates

[pacmanx1]

Once a claim is reopened, a claimant is "entitled to have his/her claim re-adjudicated on the basis of all the evidence of record, both old and new." Bernard VS. Brown, 4 Vet. App. 384, 390 (1993).

So if VA denies a veterans claim then later the veteran reopens his/her claim and the claim is granted. If the veteran can prove that his or her condition reached a certain percentage by medical evidence, the veteran can get a retro payment for the Earlier Effective date but it boils down to the evidence that was in Va's possession at the time of the original claim.

[RUREADY]

keep believing that BS if you want but good luck.

you got better odds at winning the lottery. jmho

Edited April 27, 2015 by RUREADY

[Buck52]

This is why we need to keep check our C-files.

[Guest]

RUREADY, since your profile shows you are rated at 100% that means you have had evidence that was used to grant you that 100% service connection. Sorry you feel this is BS but evidence wins claims of all types.

I would not compare getting granted service connected with wining the lottery.

[Navy04]

Pete thanks for the info bud. I have tried to help a lot of Vets with this issue, and infact I had a C&P PTSD Doc list in her notes last year that I qualified, for 70% PTSD back in 2012, yet I did not waste my time to submit for. No success stories with their claims either, but again thanks.

[free_spirit_etc]

Wouldn't the earlier decision need to have a CUE for them to grant an earlier effective date on a reopened claim?

[broncovet]

Its pretty complicated and we dont have enough information here to see if you are entitled to an EED or not. Yes, 38 CFR 3.156 (New and material evidence) can yield you an EED. But, you have to meet the criteria, and the VA may even fight you on what is "new" and "material" evidence. For example, if the VA already considered the evidence you resubmitted then its redundandant and "not new". Did VA cite your evidence in the evidence section of your decision? If so, then your evidence is not new.

Next, the evidence has to be "material". Would this evidence change the outcome? "New" evidence that does not change the outcome wont help you.

3.156 is just ONE method of earning an EED, there are several others. You should consider taking your file to an attorney experienced in VA law and get his opinion.