Applying the Law in Effect at the Time

[kevlarsamurai]

Greetings,

My remand is going back to the board after a partial grant.  I have some questions please.

First being, where on line can I view the actual text of the amendments to Title 38? 

I have a unique scenario... unique to me anyways.  The title was amended with regard to my diagnostic code in 1975 and 1996.  My CUE was granted by the RO as service connected back to 1995.  But they used the rating criteria (I think) in effect for 2018.  In 1975, it looks like there was a change to the schedule of rating and another in 1996.  The one in 1996 is based on Pulmonary Functions Tests for rating where as it looks like in 1975 it was symptoms/exacerbations/etc.  But I can't find the verbiage.

Second being, which rules would apply?  The original decision was made just before the 1996 rules went into effect.  But now that it is a CUE... I am unclear.

Third... Do I need to modify my appeal to reflect the CUE decision?  I know the BVA is composed of pretty smart folks, but I also know that my appeal needs to be clear and concise.

My problem is that I have no PFT's on record and it wasn't the standard back then either.  I was granted a partial EED to the earlier PFT.  Thanks for any assistance.

S/

K

[FormerMember]

NOVA = National Organization of Veterans Advocates. I belong as do most reputable VA Agents and attorneys. https://www.vetadvocates.org/cpages/home

It isn't cheap but it gives me everything I need for my CLEs and does research for us, too. 

Edited December 6, 2018 by asknod

[kevlarsamurai]

37 minutes ago, asknod said:

NOVA = National Organization of Veterans Advocates. I belong as do most VA attorneys. https://www.vetadvocates.org/cpages/home

It isn't cheap but it gives me everything I need for my CLEs and does research for us, too. 

Greetings,

Thank you for the explanation.  I had never heard of it before.  It is difficult to sift through the who's who of veterans organizations and even more difficult to find the ones that you can trust.  I will definitely check out the website.  Thanks.

S/

K

[FormerMember]

There are only three pro-Veteran outfits that really help us. The National Veterans Legal Services Program or NVLSP; the Veterans Pro Bono Consortium  and NOVA. They are there for us-for free.

[kevlarsamurai]

13 hours ago, asknod said:

There are only three pro-Veteran outfits that really help us. The National Veterans Legal Services Program or NVLSP; the Veterans Pro Bono Consortium  and NOVA. They are there for us-for free.

Greetings,

Thank you for the info.  This is my last big push hopefully.  I started this claim in 2010. (technically 1995)  If it fails at the BVA level after the remand I will let it go.  These things do wear you down over time.  I am retired now and just want to enjoy it without this ghost looming in the background.  The obsessive daily visits to ebennies and vets.gov.  There is always something to lock down.  Some better way to present your appeal.  Thanks again.

S/

K