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Form 20-0996


Question

I have a couple of basic questions, I think I know the answer but want to make sure.

On the form Box 13 states "If available, I would like HIGHER-LEVEL REVIEW conducted at the same office within the agency of original jurisdiction" Is it best to have the same office or go someplace else?

I am request a EED on a BVA grant. The BVA granted my case on 7/2/2019 andf the RO assigned the effective date and percentages on 8/23/2019. Which date do I list for the for the date of the decision notice? I am thinking it would be 8/23/2019. They gave the effective date of 7/2/2019 the date of the BVA grant. The BVA said they were deciding the case denied on 3/2016.

 

The effective date of this grant is July 2, 2019. Service connection has been established from the day VA received your claim. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA received the claim. (38 C.F.R. §3.400)

38 CFR § 3.400 states in part:

"General. Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later."

 

The original claim was filed 7/25/2015 (first time I had ever filed for VA benefits), it was denied on 3/16/2016. Filed reconsideration on 9/27/2016 which was denied on 11/26/2016. Filed a HLR on 5/1/2017 upgraded to RAMP on 5/24/2018. HLR was denied on 8/15/2018. Filed with the BVA on 10/4/2018 and was granted by the BVA on 7/2/2019. Now I did everything within one year of each denial so I am thinking it should have an effective date of 7/25/2015.

Besides the two questions at the beginning. Is the VA correct on the 7/2/2019 effective date? At a minimum I would think it should go back to 5/1/2017.

Any help is always greatly appreciated.

 

Edited by paulstrgn
Posted before I was done adding in the questions.
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1 hour ago, paulstrgn said:

The original claim was filed 7/25/2015

why are you not filing all the way back to the original claim?

Assuming general time frames and this statement, The BVA said they were deciding the case denied on 3/2016. , then what they are saying is the 2015 claim denial was an error.

Your claim was already at the BVA when the AMA process came into effect. Your earlier date is still intact.

Edited by GeekySquid
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10 minutes ago, GeekySquid said:

why are you not filing all the way back to the original claim?

I am filing for the 7/25/2015 date, for some reason the VA doesn't think so. From everything I can tell I always stayed within the time limits when filing. I am not going to give up that much money...

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2 minutes ago, paulstrgn said:

I am filing for the 7/25/2015 date, for some reason the VA doesn't think so. From everything I can tell I always stayed within the time limits when filing. I am not going to give up that much money...

okay that was unclear to me with all those dates you included.

as for you direct question. Why are you doing an HLR? do you think it will be faster than going to the BVA? Frankly, with the info posted so far, I would CUE the damn thing. The BVA stated the date of the decision they were reversing/remanding which ever. To use a different effective date is a clear and unmistakable error.

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Sorry for the confusion....was just showing how I stayed within the time limits. It was clear as mud to me...lol

I thought the HLR would be faster than going back to the BVA (it was a straight grant for SA and hypertension - both SC). 

Did not think of filing a CUE, but you are right about it being a CUE.

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1 minute ago, paulstrgn said:

thought the HLR would be faster than going back to the BVA

everything I have heard or read about HLR reads like a direct drive to a denial.

1 minute ago, paulstrgn said:

Did not think of filing a CUE, but you are right about it being a CUE.

I am fairly certain it is clear and unmistakable that the BVA was dealing with your 2015 denial. If I am right then yeppers. You get to join the CUE club and on a really straight forward issue too. hehehe. not much to explain here.

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