Is an appeal for EED feasible with the following facts:
1.) Veteran started a claim via eBenefits, thus establishing veterans' intent to file.
2.) 9 months after starting claim, veteran attempts to complete and submit claim via eBenefits but an error caused by eBenefits forced veteran to delete and start new claim (twice).
3.) VA grants claim with an effective date the new claim was completed and submitted (9 months after ITF)
4.) Veteran did receive via email Receipt of Claim of when veteran started original claim.
I've been looking at 38 CFR § 3.1 (r) but am unsure if it would apply in this case.
Thanks
US Army 1992-1998
MOS 12B
B Co 31st En Bn Ft. Leonardwood, MO Oct. 1992 - Jan. 1993 OSUT (Basic/AIT)
C Co 16th En Bn Erlangen, Germany Jan. - Dec. 1993 / Bamberg, Germany Dec. 1993 - Feb. 1995 / Lucky Base, Dhahran, Saudi Arabia Aug. - Dec, 1993
19th Repl. Co Ft. Bragg, NC Feb. 1995 - Apr. 1996 R&U
B Co 82nd En Bn Bamberg, Germany Apr. 1996 - May 1998 / Camp McGovern, Brcko, Bosnia Mar. - Nov. 1997 / DMOS 62J Jan. 1997 - May 1998
Question
bleggett29
Is an appeal for EED feasible with the following facts:
1.) Veteran started a claim via eBenefits, thus establishing veterans' intent to file.
2.) 9 months after starting claim, veteran attempts to complete and submit claim via eBenefits but an error caused by eBenefits forced veteran to delete and start new claim (twice).
3.) VA grants claim with an effective date the new claim was completed and submitted (9 months after ITF)
4.) Veteran did receive via email Receipt of Claim of when veteran started original claim.
I've been looking at 38 CFR § 3.1 (r) but am unsure if it would apply in this case.
Thanks
US Army 1992-1998
MOS 12B
B Co 31st En Bn Ft. Leonardwood, MO Oct. 1992 - Jan. 1993 OSUT (Basic/AIT)
C Co 16th En Bn Erlangen, Germany Jan. - Dec. 1993 / Bamberg, Germany Dec. 1993 - Feb. 1995 / Lucky Base, Dhahran, Saudi Arabia Aug. - Dec, 1993
19th Repl. Co Ft. Bragg, NC Feb. 1995 - Apr. 1996 R&U
B Co 82nd En Bn Bamberg, Germany Apr. 1996 - May 1998 / Camp McGovern, Brcko, Bosnia Mar. - Nov. 1997 / DMOS 62J Jan. 1997 - May 1998
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