when are you NOT in appeal status?

[paulcolrain]

so my question is about time frame of appeal status. i understand that you have 1 year from decision to file a NOD.

Please follow chronology:

Nov. 2009 STRs are found after 5 years and initial grant of SC Awarded.

February 2010 Boston Varo gets letter that Vet no longer lives at address on file please send to San Diego VARO.

March 2010 San Diego VARO sets up a C + P for increase of the New Awarded SC.

September 2010 Decision mailed and vet replied/sent NOD.

December 2010 San Diego VARO sends letter saying that because of records recent found they are going to do an in house dro.

Aug 2011 denied.

Aug 2011 vet sends another nod with new and material evidence.

Feb 2012 Varo sends denial again and says they are denying a reopend claim.... no mention of my appeal status

may 2012 Vet asks for clarification and sends another nod.

may 2013 Varo sends denial of reopend claim again and no mention of it being on appeal.

Sept 2013 Form 9 is Signed and off to the BVA

Aug 2017 BVA decision.

so, was i always in appeal status or ?

 

[broncovet]

You are still "in appeal" for 60 days AFTER your BVA decision.   If you do NOT file a NOA to the board decision, the boards decison becomes final and your appeal ends.  It continues, however, if you timely file a "notice of appeal" to the CAVC.  

If you have a recent BVA decision, this is the perfect time to get an attorney.  Perfect.  You send an attorney your bva denial, and they will decide if they will represent you in an appeal to the CAVC, but you must hurry.  You have 60 days to file a notice of appeal.  This means you have to send it to an attorney, get him to send you a fee agreement.  Sign it and return it to him, and then he has to file a NOA.  Sixty days is not long to do that.  

Edited August 16, 2017 by broncovet

[paulcolrain]

thank you Bronco for your advice. and by the way,, CONGRATS ON YOUR BVA WIN. KEEP UP THE FIGHT FOR THE OTHER 2/3.

ILL post here again when the actual BVA letter comes.. i might have jumped the Gun again...

i also wanted to add this tid bit of thought for both our appeals on eed.

(q) New and material evidence (§3.156) other than service department records.

 

                        (1) Received within appeal period or prior to appellate decision. The effective date will be as though the former decision had not been rendered. See §§20.1103, 20.1104 and 20.1304(b)(1) of this chapter.

(  begs the question, what if the new material evid was STrs and found after years by the ARMY)

 

                     (2) Received after final disallowance. Date of receipt of new claim or date entitlement arose, whichever is later.

Edited August 16, 2017 by paulcolrain

[broncovet]

Paul

    There are TWO significant issues in 3.156.  They are 3.156 b (pending claim) and 3.156 C (new service records).  Both of these permit an EED.  

If its new service records, then you get the earlier date either way.  If its a pending claim you also get the earlier date.  However, if its neither a pending claim nor new service records, then your effective date will be the date you submitted new evidence.