Early Effective Date

[add55p]

All

Please send me your thoughts on the below situation..

1. Claimed denied 2000. Reason for VA denial: No Service Treatment Records.

2. I submitted NOD with two in service treatment records that I received from NPRC (all other in service treatment records were missing).

3. VA listed the two submitted medical records and sent me a Statement of the Case continuing to deny reopening my claim. VA stated that the two medical reports did not document the contention that I was filing a claim for. I did not appeal and the claim became FINAL. THIS WAS THE LAST FINAL DECISION.

4. 2010, I submitted a request to reopen the claim and submitted a nexus and referred to a VA form 21-4138 Statement in Support of Claim and a Detailed nexus letter along with the request to reopen.

5. VARO denied my claim 2010 claim to reopen.

6. I submitted a Notice of disagreement.

7. VARO sent me a Statement of the Case and I immediately returned the Statement of the Case.

8. My Appeal remained under certified to BVA at the VARO from early 2011 until late mid 2014.

9. March 30, 2015 The Board of Veterans appeals granted the claim. I have not yet received a rating from the VARO!!!

10. In the BVA decision, the Board stated the following:

a. The 2010 decision was final.

b. Although the majority of the service treatment records are unavailable, one service treatment record, dated in February 1993, has been associated with the claims file and reveals that the Veteran was seen for a condition that the veteran has clarified was the condition he is seeking compensation.

c. There is also a notation of treatment in June 1995, which although blank, was noted by the veteran to be one of many visits that he had for his claimed condition.

d. The Board finds that this evidence weighs in favor of the Veteran´s contention that he sustained the leg condition in service.

e. Although the remaining service treatment records are unavailable, and thus unable to provide insight as to any other in-service leg injury sustained by the Veteran during service, the Board finds that the Veteran´s statements are credible as to his in-service leg condition as they are consistent with other evidence of record.

Questions:

1. Does the in service treatment record become mute, because they were noted in the SOC for the 2000 decision that became final.

OR

2. Does the in-service treatment records noted as associated with the claims file by the VA support an earlier effective date in accordance with 38 USC 3.156c.

(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records;

Any feedback with fact comments would be greatly appreciated..

I want to be prepared when I get the rating, hopefully, soon..

Add

[broncovet]

According to what you posted, the March, 2015 Board decision "granted your claim". Did the board say you got the effective date you wanted?

You have 2 choices:

1. If you dont like the "Board" decision, you should appeal it, and need to do so very, very soon.

2. If you like the Board decision, you need do nothing but wait for the RO implementation decsion.

It sounds like your in service treatment records are now moot, since you have apparently been awarded the benefits and the effective date you sought. The STR's probably wont make a difference, UNLESS you applied for benefits within one year of your discharge from military service. If you applied for benefits within a year of service, you should be entitlted to an effective date immediately after your discharge, if benefits are awarded.

It also sounds like the March 2015 board decision has not been "implemented" by the RO. While the board decisions state that you are entitled to "expiditious treatment", the VA has a different defination of that than the rest of the world.

At this point, other than possible appeal of the board decision, there is nothing for you to do but wait until your implementation by the RO. To reiterate, tho, do not wait until implementation of the Board decsion to decide if you want to appeal the Board decision. You have to decide that now. Your Board decision will need to be appealed within 90 days, or it becomes final.

If you dispute the BOard decision, and plan to appeal at the CAVC level, you should consider hiring an attorney to represent you at the CAVC and should start your search TODAY. You have a very short fuse, and have to get your appeal in by June 30. YOur attorney will need to review your case, sign a fee agreement, and file a notice of appeal in about a month, that is, after you decide on an attorney, reminding you HE has to also be willing to "take your case".

Edited May 23, 2015 by broncovet

[Buck52]

bronvovet gives you great Advice Add

.....................Buck

[add55p]

Broncovet,

Thank you for responding.

The Board of Veterans Appeals only awarded my appeal. The Board did not provide an effective date.

I guess I will have to wait on the rating for that.

Right now I cannot argue the fact that the board granted my appeal. My guess is that I will have to appeal the VARO rating decision and effective date assigned after they provide me with the rating documents..

Add

[broncovet]

Then you have no choice but to wait on RO implementation and an effective date. Let us know if the RO fails to implement. Also look over your board decision thoroughly...making sure they did not "miss state your issues".

The board is supposed to consider all the evidence and grant the maximum benefit the law allows, and the evidence supports.

[add55p]

Broncovet

I will let this forum know when I receive the rating. I will spell it out as it pertain to my previously posted EED post for more experienced members can review and provide feedback based on their VA claims knowledge,

Thank you..

Add

[broncovet]

Your welcome. Reread your BVA decision carefully. You can not wait for implementation by the RO to appeal. Let me give you MY example:

I was awarded, upon appeal to the board, "service connection" for hearing loss. It was a "complete grant" of benefit sought, so I did not appeal. Big mistake. I waited for implementation, and, "poof" the RO decided to award "0" percent for hearing loss. That's nada, zilch zip. Nothing. The Board "completely forgot" to decide IU or depression, in no small part due to shredded evidence.

As a result of not appealing the board decision, I did not get benefits for another 5 years...and, by then it was too late, I had already lost my home.

VA's method of "eliminating" homelessness is to deny Veterans benefits quickly in order to "reduce" the backlog, and force Veterans into homelessness while they wait 5 years for the Board to decide their appeal.

Edited May 23, 2015 by broncovet