when the judge awards NEW SC THAT I DIDNT ASK FOR?

[paulcolrain]

WHAT KIND OF LAWS FOLLOW WHEN THE JUDGE GRANTS A NEW SERVICE CONNECTION THAT WAS NOT ON APPEAL BUT IT WAS FOUND WITHIN THE RECORD. ?

LIKE DO I STILL HAVE RIGHT OF APPEAL ?

[Guest L]

More info please. 

 I may not have sufficient experience to answer this, but there is no real info in the above statement. 

[paulcolrain]

ok my point or question is,,, im used to claiming for a new service connection and then if denied or granted at the RO level i know what my next steps are and if its continued denied or not increased i know that i can take appeal all the way to the judge...

well in this instance,,, the board of veterans appeals judge granted me a new service connection based on evidence found in the hearing... im greatful but now if i want an increase do i appeal back to judge or is this treated as if RO Granted???? 

[pwrslm]

If they find a condition when they are doing a C&P, they can award it automatically if they want.  Dont appeal it, just apply for the increase. If there is no medical exam showing that an increase is justified in your file, you will not win an appeal. If there is, just ask for a reconsideration.

[broncovet]

You can appeal any decision, if you appeal it timely.  You can also appeal the disability percentage granted, or the effective date.  

My suggestion is, if you got a decision that was favorable, but dispute the effective date, you appeal.