Mr. T

[Stayfocus]

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

[Stayfocus]

7 minutes ago, pacmanx1 said:

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)

Where is the accountability? 

[pacmanx1]

8 minutes ago, Gilbert P Torres Jr said:

Where is the accountability? 

There is none at the VARO they get away with a lot and it should not be this way.

[blahsaysme2u]

exactly why i am at the BVA for EED....found service records proving my osa was dx in service...now just waiting on judgement...supposed to go back to 2008 denial...right now all i have is OSA SC from 2019... 

Edited September 20, 2022 by blahsaysme2u

[Mr cue]

It funny how the bva or VA doesn't address this.

I just had my case remand by the cavc back to the bva because of this.

I used service records to reopen a claim 2018 mental health. Granted 70%

I get my record find out the original mental health claim from 2003 remaining pending.

The VA lawyer at the court tried to say there was no reason for them to address my effective date for this issue. Lol.

So basically they don't want to address that the appeal pending from 2003 became final 2018 when it was granted the 70%. 2003 effective date 

The don't want to say the appeal was closed from 2003.

Because than they will have to say it was reopen with my service records from 1993.  1993 effective date.

So now I am back at the bva again to see what game it what they come up with to prolong the process.

My bad for the long posted.

It seem very hard to get the bva or VA to address effective dates these days.

 

[Stayfocus]

7 hours ago, blahsaysme2u said:

exactly why i am at the BVA for EED....found service records proving my osa was dx in service...now just waiting on judgement...supposed to go back to 2008 denial...right now all i have is OSA SC from 2019... 

What lane are you in, and when was your appeal put on the docket?

[blahsaysme2u]

i am still not sure of the lane i am in...i never did call to find out..

but this claim started in 2008...was re-opened in:

2013-  denied

2019- denied...appealed with new service records and won at BVA; effective date of 2019 given

2020-appealed-denied; NOD to BVA again; 

2022- hearing with judge;

 

here we are just sitting waiting on judge to determine my service records are service records and constitute EED...and hopefully the VARO awards it correctly so i am off this hamster wheel