Mr. T

[Stayfocus]

Hello veterans, has anyone had any success stories recently regarding BVA appeal being granted?

[Stayfocus]

6 minutes ago, pacmanx1 said:

In a way this is a positive or success story because the part that the BVA judge granted was an EED of TDIU benefits several years before my 100% scheduler P & T rating. The problem I have is that this claim was granted as an unadjudicated claim and that to me says that my award should cover my entire time while going through this hamster wheel and not to when it was reopened. The BVA judge already acknowledged that there is evidence not properly considered, then why not force the VARO to comply with the original order.

 

It’s crazy! Unfortunately, this is why a lot of our brothers in arms give up.

 

[Stayfocus]

11 minutes ago, pacmanx1 said:

In a way this is a positive or success story because the part that the BVA judge granted was an EED of TDIU benefits several years before my 100% scheduler P & T rating. The problem I have is that this claim was granted as an unadjudicated claim and that to me says that my award should cover my entire time while going through this hamster wheel and not to when it was reopened. The BVA judge already acknowledged that there is evidence not properly considered, then why not force the VARO to comply with the original order.

 

Did you have an attorney? My appeal for eed is based on 38 CFR 3.156 (C)

[pacmanx1]

1 minute ago, Gilbert P Torres Jr said:

Did you have an attorney? My appeal for eed is based on 38 CFR 3.156 (C)

I had an attorney years ago that won my joint remand but as for the rating percentages, my EED for TDIU and the win for my unadjudicated claim I won on my own. I do have an attorney now because my appeal is going back to the CAVC to see if I can get them to review everything again and hopefully win my appeal going back to my original claim based on unadjudicated VAMC medical records, this claim fall under 38 CFR 3.156B

 

[Stayfocus]

10 minutes ago, pacmanx1 said:

I had an attorney years ago that won my joint remand but as for the rating percentages, my EED for TDIU and the win for my unadjudicated claim I won on my own. I do have an attorney now because my appeal is going back to the CAVC to see if I can get them to review everything again and hopefully win my appeal going back to my original claim based on unadjudicated VAMC medical records, this claim fall under 38 CFR 3.156B

 

Well, I will keep you posted. I hope everything works out for you, thank you for your service.

[pacmanx1]

It’s crazy! Unfortunately, this is why a lot of our brothers in arms give up.

To make a long story short, after my discharge, I had a senior VSO ask me why I didn't medically retire and there was enough evidence in my records that I should/could have retired but when I filed my claims the VA denied most to all of them, so I decided to read 38 CFR part 3 and 4 that pertained to my service-connected disabilities and filed my own claims. I also feel that the VARO lied to me, and I want them to correct their decisions and I feel that I will fight for my benefits. Sometimes it's good to get mad but we have to learn how to channel that energy into something positive. 

[pacmanx1]

New Military Records

Under 38 C.F.R. 3.156(c), a veteran can receive an earlier effective date if VA denied their original claim for service connection, and then later obtained service records in a subsequent claim that substantiated the veteran’s original claim.

VA outlines specific types of service records that would qualify under the regulation.  These records can include:

• Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements are met
• Additional service records forwarded by the Department of Defense or the service department to VA any time after VA’s original request for service records
• Declassified records that could not have been obtained because the records were classified when VA decided the claim

New and Relevant Evidence Submitted Within an Appeal Period for an Earlier Effective Date

Under 3.156(b), if a veteran submits new and relevant evidence within the appeal period of a decision from the Regional Office (RO), and VA does not provide notice or a determination as to whether that evidence is new and material, the veteran may be able to argue that their claim is still open with VA.

If the claim was denied previously, but then granted on records that have recently been discovered, the regulation requires that VA consider an effective date back to the time of the previously denied claim.

The VARO loves to ignore their own regulations.

Getting an Earlier Effective Date for VA Disability Claims | CCK Law (cck-law.com)

Edited September 18, 2022 by pacmanx1