BVA and M21-1MR

[Berta]

This is to correct some additional wrong advice here in the  recent Closed topic.

I have advised many times to use any applicable provision in M21-1MR if it can help your claim.I  always use it myself, in CUE or any other matter that brings more icing to the cake.

You can use it to support any VARO decisions and also be assured that the BVA will consider it. Make sure the specific part of M21-1MR you use has not changed, over the years.

The Mr1-1MR gives dates of changes as well as superb citations for established VA case law, such as CAVC decisions, that you can also access and use , if that will support your claim.

https://www.index.va.gov/search/va/bva_search.jsp?QT=M21-1MR&EW=&AT=&ET=&RPP=10&DB=2020&DB=2019&DB=2018&DB=2017&DB=2016&DB=2015&DB=2014&DB=2013&DB=2012&DB=2011&DB=2010&DB=2009&DB=2008&DB=2007&DB=2006&DB=2005&DB=2004&DB=2003&DB=2002&DB=2001&DB=2000&DB=1999&DB=1998&DB=1997&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992

as the search above states:

Page 1 of 10407 results — searched 1228302   (1992 to 2020 BVA decisions)

Query: (m21-1mr)

[kanewnut]

31 minutes ago, Buck52 said:

(File CUE?)M21-MR1 HELP WITH THAT?

M21-1, Part III, Subpart iv, Chapter 5, Section C - Effective Dates 

9.  Claims for Earlier Effective Dates
 

[Buck52]

13 minutes ago, kanewnut said:

M21-1, Part III, Subpart iv, Chapter 5, Section C - Effective Dates 

9.  Claims for Earlier Effective Dates
 

Thanks Kanewnut

But it fails to mention anything about  typo errors  on dates involved  for a EED.??What the Defence would be for the Veteran?

[Buck52]

However I found this under #8

under M21-1, Part III, Subpart iv, Chapter 5, Section C - Effective Dates 

Note:  Because the Veteran claimed an earlier effective date for pension under liberalizing legislation, VA must readjudicate the claim based on the facts found.  VA has no authority to pick and choose the award effective date.  The Veteran has the choice to claim an earlier effective date under liberalizing legislation.  Therefore, if a claim is submitted, VA must readjudicate the claim using all of the facts and information submitted by the Veteran.  This would include counting all reported income and considering all allowable medical expenses applicable during the liberalized period.

Not so sure this would apply for typo errors?

[Vync]

@Buck52 About 10 years ago, I received an incorrect rating due to a typo error in a claim involving ROM. The C&P exam notes were correct, but somehow the VARO added an extra zero to the end of one measurement. I thought something was odd and I double-checked. At the time, we could submit requests for reconsideration. They corrected the value and rated me properly in about three weeks. In this case, it was an outcome determinative error because the actual result would have been different if not for the error.

I had one claim come back recently with a typo referring to the incorrect 38 CFR regulation, but the actual quoted text was correct. In this case, this example of an error is not outcome determinative because it the outcome would have remained the same error or not.

Nowadays, I assume typos could be handled via supplemental/HLR or potentially CUE requests depending on who you ask. For your question, I assume it would also depend on the exact typo involving an effective date. If they typo'd an effective date, and if not for the error, you could have had an earlier effective date, then it very well could be outcome determinative.