Equitable tolling vs Equitable relief for EED

[Austin11]

Hello all, I have an initial claim under review by VA and also a claim under review with the BCMR.

There were clear administrative errors that allowed me to be discharged without disability evaluation.

Would I have more chance of success for a VA EED, earlier than initial application, if I pursue equitable tolling or should I just pursue equitable relief under 38 USC 503(a), or should I wait for the BCMR decision?

My understanding of reading precedent is that tolling may not apply to VA effective dates  prescribed by 5110.

Would a BCMR ruling granting retroactive IDES processing effectively establish a VA effective date, or would that BCMR date only apply to the DoD disability effective date?

Your insight is appreciated.

Austin

 

 

 

 

 

 

 

 

[Berta]

BTW- dont go pro se without a copy of the VBM. Broncovet is right!I have not had time to read what they have in the newest addition on Equitable Tolling or Relief.

And it would be fruitless for me  to post more here on those issues anyhow because the facts of your case are different than most ET or ER cases. The BVA web site has Equitable Relief and Tolling decisions, uner a search and so does the US CAVC. And probably M21-1MR for sure.