Appealing the Effective date

[broncovet]

I'm appealing the effective date for benefits.  Since this is a BVA decision Im appealing, my goal is to get attorney representation.  I will be speaking with an attorney this week.  

Im alleging the VA violated 3.156 (b) "pending claim", by not repopening my claim in 2004.  Instead of reopening due to new and material evidence, they started a new claim which I did not appeal.  

Importantly, the Issue of TDIU is "not stand alone", that is, there is no "stand alone TDIU claim", but rather a request for increase on all issues including TDIU.  

The Board denied an earlier effective date, reasoning it was because "that is the date I was awarded SC for depression".  

I allege that the date I was awarded depression is irrelevant, because a claim for TDIU is a claim for increase, so that the Board should have considered whether or not there was an increase in depression as well as TDIU, because the TDIU claim does not "stand alone" its an increase in the relevant issues also.  

    I allege the submission of new and material evidence, under 38 cfr 3.156 b renders my 2005 claim "non final" and pending.

Your opinions???

Edited October 24, 2017 by broncovet

[Guest L]

@broncovet- Late reply - just browsing 

I attempted this with a phone consult w/Matt Hill of Hill & Ponton back in December 2016 

He was not very encouraging in my case. 

I appreciate his directness- I still have thoughts because I have clear cut scenario - just no energy to act on it - my Effective date should be 70% 1997-2010. 

Just thought I would chime in ...

[broncovet]

Thank you, "L".   

  Hill and Pontoon is a good firm, but, like all firms they make "business decisions" based on their own needs and wants, and experience.  Just because a lawyer turns you down does not mean your case is not valid.  

   Many, many years ago, I had a broken heart as a "girl" turned me down.  Later, I realized that women are like banannas in that a bannana is only "ripe" for a few days or a week or two at best.  Before they are too green, and after that, they turn black and rotten.  

   I realized the girl I was interested in was "too green"...she simply was not ready.  It did not mean I was bad..it just mean I had to choose whether to wait on her, or find another one that was ripe.  I chose the later.  

I realize now I chose correctly.  No, gals dont like us calling them bannanas, but that is better than some names that could be thought up.  

     Hill and Pontoon was not "ripe" for you then.  Like other businesses, law firms go "feast or famine", where sometimes they are very lean, while at others there is a long line.  

     My suggestion is you try another firm, if its not too late.  

     I just spoke with a lawyer today, who offered to represent me.  And 4 others had turned me down.   I still have 2 more to speak with and I will make a decision.  

[Guest L]

@broncovet Excellent advice,  I understand the metaphor. LOL

I had been turned down by one other, my evidence is clear cut - overwhelming. - maybe I just needed a breather. 

Encouraging words- thanks.