? If the va reopen a claim because of services records what is the effective dates

[Mr cue]

Man so I am looking at the granted for the 70% for adjustment disorder.

I forgot I use my service records to reopen this.

Is the effective date the date of the services records.

It was denied in 2001.

But my case go back to 1993 service because the va never cretifed my appeal to the board back then.

[Carl the Engineer]

My reopen went to the date of the reopen.  Mine was with a reopen with new evidence, an MRI, which they did not do or have during the original C&P exam.  

My reopen was 6-8 years after the original denial.

Hamslice

I don't think the VA was or is willing to do an MRI, for a piece of metal that doesn't show on an x-ray.  It was found during a MRI for hearing issue.  So, I took the win and left it alone.

 

[Mr cue]

Smh I been stuck on the housebound by fact.

Confine to my home. 

Not been able to leave to make a income. 25 years tdiu.

Howell v Nicholson.

 

That I  been letting the va play me.

My adjustment disorder was open from new service records.

If those records lead to a grant of service-connection for a previously denied claim (even if finally adjudicated), then 38 CFR 3.156(c)(2) contains the following requirement:

“An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim;”

The VA hates 3.156(c).  In fact, they commonly “overlook” this basis for an earlier effective date when Veterans find new military service records or military treatment service records.

They did just this the 70% go back to service or 2001 they will fight on this one.

But I was tdiu and the 70% give the smc s.

Well this will be addressed in my new court case smh I can't believe I over look this.

 

[broncovet]

3.156C is often the winner winner chicken dinner.  It is often WAY better than 3.156 b BECAUSE 3.156 B only gives you the effective date of "when you filed the New evidence".  

However, 3.156C should give you the later of the date of your original claim OR the date the doc said you were disabled.  

Reopening under 3.156C or 3.156 B FOR SMC ONLY, should not make that much difference, because the effective date of SMC is the facts found, and no "claim date" applies to SMC.  

[Mr cue]

See I was stuck on the increase and they keep me on that mindset.

Once I look back over the claim I forget I use my service records to reopen the denied claim from 2001.

Lol they never address it either they just reopen it and granted me 70% off the top. 

But look at the denied for the 100%

Not that I just had the claim reopen due to my service records

 Here is the new denied 

 

 

See how they say I meet some 100 % but some 70%. Lol this is to keep me from the real issue here. And chase something else smh

But here the best part they have just stated that my mental health mess with my adl.

But they will not give it a smc l.

Two smc l are the o and with in home care gives the r 1 or r 2.

So that a good thing. 

Yea I got them now if the 70% go back to 2001 the date of the denied claim smc s would to.

Chick chick big winner.

I feel like I was really on a roller coaster I didn't have to be on.

Well the court will address this fast. In my appeal

I am even going to try and stick in with my response to the va.

They have to respond to the court on my petition the 25.

I feel so much better about this issue now I was really fighting the wrong battle.