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Legacy vs AMA


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I do not remember where I read it, but I did read that you can lose your legacy appeal date if you change over to AMA after a denial on a legacy appeal is made.  Does this also mean that you can also lose your original claim date?  I am in my 6th year so that would mean tens of thousands lost.  

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You are safe there.  The VA has a duty for your effective date to be the later of the "facts found" or date of claim. There are exceptions, but none of the exceptions involve a Veteran changing from legacy to AMA.  

The goal is to move the claims faster, not slower, and certainly not hoodwink you on the effective date.  This said, Va follows their own rules "when they want to", so, like most of the rest of us, you may have to appeal MORE THAN ONCE.    In other words, "Even after" you win sc, you can still have to appeal again to get your effective date.  

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I moved my from legacy to RAMP after BVA remanded my claims.  I figured it would be a lot faster.  I asked for an HLR and it was quickly denied.  Since they made a duty to assist error, I was allowed to ask for another HLR and it too was quickly denied.  The problem was that they kept asking the same VA examiner NP for medical opinions and she kept incorrectly doubling down on her previous incorrect negative medical opinions.  DAV told me that I should have left it in legacy appeal because in the RAMP process they weren't required to follow the BVA's instructions from the remand.  DAV also told me to send it back to BVA.  Instead, I asked my personal orthopedic surgeon to write a nexus statement and he had no problem doing so.  I sent it in as a supplemental claim and it was quickly approve but with the wrong effective date.  The made the effective date the day that I submitted the supplemental claim.  I submitted another HLR asking them to correct the effective date back to October 2010 instead of February 2020 since I've been continuously pursuing these claims since then.  

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You posted:

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DAV told me that I should have left it in legacy appeal because in the RAMP process they weren't required to follow the BVA's instructions from the remand.

No.  The VA is required to comply with the remand.  There are a lot of people oppossed to any changes, which certainly included RAMP.  If VA non complied with your remand, you need to force their hand.  

1.  Send a 21-4128 detailing how the remand was not complied with.. 

2. Send an iris email, also.  

3.  Call the white house hotline and mention that VA didnt comply with the remand order.  

4.  Document the above, and then wait about 4 weeks to see if resolved. If still not resolved file a writ of mandamus to compel VA to comply with remand order.  

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