Earlier Effective Date (EED) Evidence Used/Not Used

[pacmanx1]

The crazy one here, once a veteran receives his/her rating decision the veteran should make sure he/she fully read over and understand why the claim was denied.  VA is very famous for not including all medical records both in service records and current treating records.  Example: The veteran files a claim March 2004, the VA set up a C & P exam in December 2004. The VA then request for the veterans medical records from December 2003 to March 2004 but VA don't get around to process the claim until February 2005.  The VA then denies the veteran's claim but the veteran had treatment records from April 2004 to February 2005. The evidence used in making the decision is just as important as the reason and bases of how they (VA) came up with their decision.  If the evidence was not listed in the evidence section then the veteran should file a NOD and make sure VA address that evidence. You can say that VA missed this evidence or  purposely overlooked this evidence but it is evidence that VA must consider when reviewing the veteran's claim.  Please chime in

[justrluk]

Justrluk, I am not familiar with your situation but IMHO, if VA grants your claim only back to your C & P exam and you have a diagnosis prior to that time frame. I say go ahead and file a NOD.  Filing a request for reconsideration at the RO level is like asking VA to reopen your claim.  Yes, I know it really does suck but this is the game we have to play.  Make sure you wait until you get your Official Letter (BBE) before filing a NOD

Thanks, Pete. I'll do that.