The TOP 5: Regulations and case law which help Veterans win:

[broncovet]

These are my favorite regulations/case law which frequently result in a win for Veterans:  Feel free to add how YOU won your claim, including the regulation or case law.  

1.  Caluza Elements:   If you filed for benefits and HAVE all 3 Caluza elements DOCUMENTED, your approval chances are good.  a) Current diagnosis b) In service event or aggravation c) Nexus or doc opinion that your current diagnosis is at least as likely as not relate to your in service event. Source: Caluza vs Brown  https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000061412/Caluza-v.-Brown,-April-12,-1995,-7-Vet.App.-508-(1995)

2.  New and Material Evidence:  If you have been denied, often you can reopen the claim by submitting "New" evidence.  Source:  38 CFR 3.156  There are significant differences if this is New "evidence" or "new SERVICE" records, with the new service records being the most advantageous to the Veteran.  Source: https://www.law.cornell.edu/cfr/text/38/3.156

3.  Appealing the wrong effective date:  VA "often overlooks" these situations which can help the Veteran. https://www.law.cornell.edu/uscode/text/38/5110 

A.  Applying for benefits within a year of date of discharge.  This should result in an effective date the day after discharge. 

B.  Claims for increase.  You can get an "extra year" here.  

C.  New Service records; new evidence.  Again, see 38 CFR 3.156 C, above.  

D.  Nehmer Vets.  Vietnam Vets "boots on the ground", has special rules that benefit Vets.  To see if you qualify for an earlier effective date, read this: https://www.nvlsp.org/what-we-do/class-actions/nehmer-agent-orange-lawsuit#:~:text=As class counsel%2C NVLSP currently,under the Nehmer Court Orders.  For more information contact NVLSP who can represent you at no cost to you in certain circumstances.  

4.  Preventing VA from reducing your ratings.   Veterans P and T, over 5 years (or more) have certain protections to their rating, making it difficult for VA to reduce your rating.  Read this over carefully whenever VA tries to reduce you.

https://www.law.cornell.edu/cfr/text/38/3.344

5.  Berta's CUE FAVORITE:  https://www.law.cornell.edu/cfr/text/38/4.6

     REMEMBER:  If you have a BVA denial, you can often hire an attorney to represent you and EAJA should cover your attorney fees.  

 

 

 

[ShuMan]

This is solid gold right here! Great job!

[Berta]

THANK YOU Broncovet!!!!!!!

Yes that is my all time favorite regulation and I bet the VA  violates it more than we will ever know.

Many vets have filed CUE here on that regulation.And Many have succeeded in those CUE claims.

[Tbird]

excellent info @broncovet