Supplemental in AMA Timeline

[Miken2c74]

Original claim opened in Nov 2013 (Legacy)

Claimed Denied Dec 2014 (Legacy)

Submitted NOD in Jun 2015 (Legacy)

Opted into RAMP July 2018

Denied Ramp May 2019

Supplemental Claim open June 2019 ( In decision phase now per VA)

 

Flat feet (aggrivated due to ) From original claim date ( new DBQ, Medical opinion, Nexus, lay statement) On supplemental claim

Knee condition from original claim date  also supplemental claim (New DBQ, Medical opinion, Nexus , Lay statement) on supplemental claim

Back condition from original claim date rated 20%

Fibro Denied

Hip condition denied

I am waiting to see how this comes out (nerve racking)

[Buck52]

GB

New & Relevant  (Material )  Evidence is any evidence that will support a veterans claim that was not of record at the time of a decision.

No new evidence, no hearing. Goal for VA is to have decisions within 365 days of appeal. 

Veteran can submit new and relevant evidence within one year of ANY decision and VA will readjudicate. Favorable findings of fact cannot be overturned by a subsequent adjudicator unless clear error.

However

.A HIGHER-LEVEL REVIEW is a new review of an issue(s) previously decided by the Department of Veterans Affairs (VA) based on the evidence of record at the time VA issued notice of the prior decision. The higher-level reviewer WILL NOT consider any evidence received after the notification date of the prior decision.

Its VA double talk...>  veteran can Appeal a decision  within 1 year of ANY decision and VA Will Readjudicate  Favorable findings of fact cannot be overturned by a subsequent adjudicator unless clear error.

Normally veteran will need to appeal to the BVA

if denied at the HLR*.

This is when he can use New and relevant  (material) evidence.

Just because a veteran chooses the HLR *don't mean its over   this can be Appeal by the Veteran and or his Attorney /VSO  to the BVA.*

Going to the BVA it is recommended veterans use an experienced Attorney  or VA Accredited Certified Claims Agent. (jmo)

It is basically a Readjudicated claim if the Veteran is still in his 1 year Appeal timeline.  that would mean if he is denied say 10 months into his CLAIM using the HLR  he still has a 2 month appeal timeline  he would need to Appeal to the BVA and then he can use New and relevant evidence  to help support his claim.

[Miken2c74]

Thanks @Buck52 and @GBArmy So, I originally filed these claims 2013 and was denied numerous times. I continued to appeal these decisions within the 1 year mark on all "appeals" (Supplemental).  They accepted all of my Supplemental claims because I always had  new evidence that they just refused to see in my file.  This last Supplemental was approved but with an effective date 06/11/2019, which is incorrect. This is what my VSO wrote " The VA has decided the date of 06/11/2019 due to the date the VA received your claim which was continuously prosecuted since that date, the VA reference 38 CFR 3.400.  That reference refers to 3.400 (r) Reopened claim,date of receipt of claim or date entitlement arose, whichever is later.  If you do disagree with the effective date you can submit a VAF 21-526ez requesting an earlier effective date".

I believe I have a case so I am going submit this form and see what happen.

Thoughts

[Miken2c74]

These two claims in particular were never reopened because they were never final. They never reached the 1 year mark for finalization I always appealed the decision. The timeline of these disabilities (feet and knees) is my first post. I also filed an IRIS yesterday.

Edited August 12, 2020 by Miken2c74
edit

[GBArmy]

Miken2c74 Just keep pounding away. Just as your continued pursuit of your claim finally won out has shown, don't give in. Just keep at it. I would show each and every date of submittal, and decision receive to document that it has been continuous. It is just easier after a long appeal over years for the VA just to grant and throw a bone on an effective date. Many veterans will be so happy they finally won that they won't appeal. It isn't going to do any harm to appeal; they aren't going to take your new decision away. If you feel you were short changed, go after it Mike.

[Miken2c74]

19 hours ago, Berta said:

The decision will tell you why they gave that EED as 06/2019.

We have considerable info here under a search on how to obtain a better EED.

The only way I know of ,to obtain a better EED,is to file CUE on the older denied decisions.

You need to have the older decision, to enclose with the CUE as Evidence.

Plenty here under a search on CUE and EED.

https://community.hadit.com/topic/71317-i-won-my-cue-at-bva-eed-back-to-2003/page/8/

https://community.hadit.com/topic/73840-3156-va-error-cue-instead-1992-eed/

https://community.hadit.com/topic/75441-read-first-if-you-feel-you-have-a-potential-cue-claim/#comment-470723

https://community.hadit.com/topic/2224-eed-cue-granted/

 

 

So Ms. @Berta they say they assigned that date because my claim was reopened on that date, which is false. The 06/2019 date is the date I submitted a Supplemental claim after leaving Legacy opting into AMA and after the first denial in AMA. So I never had to reopen anything.

[Miken2c74]

Thanks @GBArmy , I will and win.