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paulstrgn
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.
Posted before I was done adding in the questions.
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jfrei
Luckily with my P and T when I filed my appeal the RO when prepping my appeal noticed the doctors all said it’s permanent so basically wasting the judges time for something moot....all in less then 3
lawbro
Hey @paulstrgn I just had the informal conference call for my HLR. I think it went really well. Took about 2.5 months for them to get to it but the rater basically told me that if the IMO documen
lawbro
Hi @pete992 What I meant by that was everything that was related to the claim regarding the HLR. Wouldn't that be great though if they did go through our entire files each time and help us make c
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