38 CFR in previous years

[Atlcocky]

Hello Veterans,

I have been looking for the 1996 version of the 38 CFR, especially Book C. I am trying to research whether or not I have a valid CUE claim. The original decision was in 1996 and I need to find out the rules at the time of my denial. I have looked online but, maybe I am not very good at the search.

 

Thank you for your help

[Atlcocky]

Thanks Berta and Buck for the feedback. Buck, I was thinking the error was concerning the heart condition and the denial of the claim. Soooo...should I just try to get it service connected via a reopening and take the date. or Is there another avenue to try to get an earlier date (I don't think so).

[Atlcocky]

14 hours ago, pwrslm said:

CUE can only be filed one time AFTER the decision is final. You can file a request for reconsideration with the 21-4138 and document the error for correction. I have done this twice now and it  worked both times. The new law 38 USC 5104B (Higher level review by the agency of original  jurisdiction)  from HR2288 in Aug 2017 made the reconsideration by the agency of original consideration an avenue to resolve these issues before they are filed as appeals. Prior to this, this lower level reconsideration was only in the M21 manual, and there was nothing else governing it. Now it is US Code and the laws states that they MUST reconsider anything we put in writing.

They have the next year to implement the CFR regulations for this, but the VBA has been working this for over 2 years so far. This process will open the issue you claim errors on as a new claim, and if it is not a dispute that requires a C&P exam for clarification they can do it much quicker. This is a De-Novo review so you have a RO taking a fresh look at the facts, not the same guy that make the error to start with.

 

5104A. Binding nature of favorable findings.

(g) Higher-Level Review By Agency Of Original Jurisdiction.—

(1) IN GENERAL.—Chapter 51 of such title, as amended by subsection (f), is further amended by inserting after section 5104A, as added by such subsection, the following new section:

“§ 5104B. Higher-level review by the agency of original jurisdiction

 

“(a) In General.— (1) A claimant may request a review of the decision of the agency of original jurisdiction by a higher-level adjudicator within the agency of original jurisdiction.

“(2) The Secretary shall approve each request for review under paragraph (1).

 

“(b) Time And Manner Of Request.— (1) A request for higher-level review by the agency of original jurisdiction shall be—

“(A) in writing in such form as the Secretary may prescribe; and

 

“(B) made within one year of the notice of the agency of original jurisdiction’s decision.

If I was to follow suit with this line of inquiry with the VA, if approved, what would be the effective date? Original 1996 date or the date that you requested the review?

[Buck52]

An evaluation and actual diagnose are two different things unless after the evaulation a diagnose was made.

you can get an IMO and if the Dr says ''its likely as not'' you had this condition (hypertension) while in the military that medical records show you did have hypertension at that time , it is possibly to get this service connected...but I don't think they will go by the Original EED 

You can request they do, but unfortunately  usually they will go by your private IMO Date. if he.she makes a Diagnosis .....your problem is there was no diagnose for hypertension in 94  only an evaluation. there not the same.

but in your claim do request they use your EED in all your request.

[pwrslm]

 Buck is right, they will not predate any condition before the actual diagnosis. As far as the CUE goes, the correction is based on an error in a previous decision, the effective date will be the date the original claim was filed if they correct the error. 

If you get a positive outcome and they screw up the effective date, you can still appeal. The new law only established a legitimate reconsideration that is before the decision is final, it does not affect the existing rules about effective date and appeal process. 

If they drag their feet on a reconsideration, stay on your toes sso that it does not go beyond the 1 year limit for appeal or you lose. I give them 4 months, which is enough time to process a full claim. If you get it in within 30 days of the decision it gives you plenty of time to react to whatever they do.

[Atlcocky]

6 hours ago, Buck52 said:

An evaluation and actual diagnose are two different things unless after the evaulation a diagnose was made.

you can get an IMO and if the Dr says ''its likely as not'' you had this condition (hypertension) while in the military that medical records show you did have hypertension at that time , it is possibly to get this service connected...but I don't think they will go by the Original EED 

You can request they do, but unfortunately  usually they will go by your private IMO Date. if he.she makes a Diagnosis .....your problem is there was no diagnose for hypertension in 94  only an evaluation. there not the same.

but in your claim do request they use your EED in all your request.

Hey Buck. I am already connected for the Hypertension. I am trying to get connected for the "heart condition". I believe there was evidence in my service records. The VA did not do the necessary follow up exam that was necessary to complete the ratings.

I want to see if this was CUE (not complying with the rule for needing another test to prove case) (Berta says she doesn't think so but I should wait for some of you guys to chime in). I have in my service records the Echo showing enlarged heart (which would have been a 30% rating).

My issue now is should I try to fight for the CUE, knowing that I can reopen later..or Reopen now, establish service connection and then try to ask for an earlier effective date because of possible CUE. 

Second, If the consensus on here is No CUE, I will move forward.

 

[Buck52]

 I must have read your denial  /reasons and bases wrong  sorry!

These may help & if  a regulations is still in effect it should say or have an amendment if its changed (date)

Are you are looking for a specific CFR Code or a specific code for a disability rating?

.https://www.law.cornell.edu/uscode/text/38/part-I

Try this link and I think it only goes back to 1996...just clink your year you need , it may or may not have the information you need   but you can clink on different links to maybe get the information you need.

https://www.gpo.gov/fdsys/browse/collectionCfr.action?selectedYearFrom=1996&go=Go

Edited October 5, 2017 by Buck52