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DRO APPEAL awarded but not retroactive to Original claim dates
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cham1968
Time Line
I'm searching for the proper legal terminology or can I state in my own words my reasoning for the earlier effective date as my original claim date? The 3 disabilities were all previously service connected. It's just hard to understand how you can file a DRO on your initial claim and they take 3+ years to complete it and then make the effective date the date of the C & P Exam. If anyone has the correct or most appropriate information to put on my Form 9 please chime in. Also, if there's an opinion as to whether this will go all the way to the BVA or be handled at the RO.
any info would be greatly appreciated.
thanks to all
GOD BLESS
KC
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broncovet
Its a common way VA hornswaggle's Veterans. If you read the regulations, the effective date is the later of the "facts found" (the date the doc said your increase occurred), or the date you applied.
broncovet
In VA VAOPGCPREC 12-98 it states, (after about 12 pages of lawyer blah, blah, blah) Pursuant to 38 U.S.C. § 5110(b)(2) and 38 C.F.R. § 3.400(o)(2), where a veteran files a claim for in
cham1968
Time Line filed initial claim July 2011 awarded in August 2013 filed NOD September 2013 for increase of three disabilities 1 rated at 10% other 2 rated 0% 1 denied received
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