kent101 Posted January 27, 2017 Share Posted January 27, 2017 (edited) Can I change my reopened claim effective date? Edited February 2, 2017 by kent101 Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted January 28, 2017 Moderator Share Posted January 28, 2017 Maybe. There are regulations for this. Its 38 CFR 3.156. You can read it for yourself. It depends on if its SERVICE records they are missing, or, if you submitted the new evidence in the appeal period. If they denied you because of SERVICE records, then yes, you should get an eed, if awarded, per 3.156 C. Link to comment Share on other sites More sharing options...
0 kent101 Posted January 28, 2017 Author Share Posted January 28, 2017 (edited) On 1/27/2017 at 4:58 PM, broncovet said: Maybe. There are regulations for this. Its 38 CFR 3.156. You can read it for yourself. It depends on if its SERVICE records they are missing, or, if you submitted the new evidence in the appeal period. If they denied you because of SERVICE records, then yes, you should get an eed, if awarded, per 3.156 C. I'll get a lawyer. Edited February 2, 2017 by kent101 Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted January 28, 2017 Moderator Share Posted January 28, 2017 Yes. Read over 38 CFR 3.156 C carefully. What ever you do, make sure you file a NOD to the most recent decision, disputing the effective date, within one year. Link to comment Share on other sites More sharing options...
0 kent101 Posted February 26, 2017 Author Share Posted February 26, 2017 On Saturday, January 28, 2017 at 4:44 AM, broncovet said: Yes. Read over 38 CFR 3.156 C carefully. What ever you do, make sure you file a NOD to the most recent decision, disputing the effective date, within one year. I'm going to appeal on ebenefits. The VA owes me a 2002 effective date. They denied my claim stating they had no strs. On my award letter it says strs were considered in the decision. The VA didn't get my strs until years after my denial. According to 38 CFR it doesn't matter if I failed to file a NOD since my claim was granted based on the strs the VA failed to get. Link to comment Share on other sites More sharing options...
0 Berta Posted February 26, 2017 Share Posted February 26, 2017 Can you scan and attach here the decision for the 2002 claim that said they had no STRs? (Cover C file ,name, address prior scanning it) I agree this is a 38 CFR 3.156 claim but also it might be a CUE claim. Link to comment Share on other sites More sharing options...
0 Berta Posted February 26, 2017 Share Posted February 26, 2017 After thinking about this, I wonder if the VA had a duty to even obtain the STRs in 2002, because something major might have been lacking,like diagnosis or stressor letter??? Was this for a PTSD claim? Did you get a C & P at that time? When VA said,in 2002 decision, they had no STRs did they state they attempted to get them from NPRC? Link to comment Share on other sites More sharing options...
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Can I change my reopened claim effective date?
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