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.

[Teresa watson]

What if claim is denied and they themselves reopened 2 of the claims before we appeal again. They did this on our last appeal. 

[Teresa watson]

What if Hubbys appeal is denied then the va reopened two of the claims themselves. This is same appeal from 2015. We didn't reopen them They did so we will still not get back pay from 2015?

[doc25]

1 hour ago, Teresa watson said:

What if Hubbys appeal is denied then the va reopened two of the claims themselves. This is same appeal from 2015. We didn't reopen them They did so we will still not get back pay from 2015?

From my understanding, the first thing that needs to happen is to get service connected first, then use a Clear and Unmistakable error(s) to appeal the effective date to the initial claimed date.

Can other forum members correct me if I'm wrong?

[broncovet]

Whether or not he gets backpay back to 2015 depends on several things:

1.  Did the evidence show he was sc at that rate back to 2015?  Remember, effective dates are the later of facts found or claim date.  

2.  Was the claim pending when you reopened, or was it reopened with new service records?

3.  No, you should "not" have to file cue and meet the cue standard of review to reopen a claim under 38 cfr 3.156 c or 3.156 b.  If you got a decision with a wrong effective date, simply appeal it.  

[Teresa watson]

Thank you. I believe they have sc at 30 percent is what dav letter said. But said also it started August 13 2018 when they reopened.