Question regarding effective dates

[Whodat]

A thought came into my head and you great people on Hadit may know the answer to this. 

I had filed a claim for cervical or lumbar strain. I had filed a back condition in the past but I had never appealed the back claim. I do understand that if I did not appeal that claim, that I had lost my eed. 

I have never filed a claim for my neck. Let's just say that if my cervical or lumbar strain gets granted, since I never filed for my neck, will I get an eed for my neck?

Thanks all. 

[broncovet]

Many/most of us have made similar mistakes.  Some of those can be fixed, while others we can help with future generations, and our fellow Veterans, so they dont make the mistakes we made.  

But, dont give up!!!

    My advice is to take your file to a NOVA accredited attorney and ask him/her if he sees an EED.  They may or may not, but its impossible for us to know unless we have reviewed your file, as to which of those, if any, exceptions found in the regulation, apply to you.  

Nova attorney: https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

[Stayfocus]

9 minutes ago, broncovet said:

Many/most of us have made similar mistakes.  Some of those can be fixed, while others we can help with future generations, and our fellow Veterans, so they dont make the mistakes we made.  

But, dont give up!!!

    My advice is to take your file to a NOVA accredited attorney and ask him/her if he sees an EED.  They may or may not, but its impossible for us to know unless we have reviewed your file, as to which of those, if any, exceptions found in the regulation, apply to you.  

Nova attorney: https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

Read over 38 Cfr 3.156(b), and 38 Cfr 3.156(c)

[pacmanx1]

On 9/22/2022 at 4:02 PM, Vync said:

would be interested in knowing this too. I would assume if you got out after Clemons v Shinseki was decided, you might be able to leverage that to your advantage.

I think I have seen where you have posted something like this before but as far as I know is that Clemons v Shinseki is still very much precedent and still used by the Board. It doesn't matter when the veteran served, if the veteran can prove that he/ she should have an EED based on medical records, Clemons v Shinseki can be used.

Type in Clemons v Shinseki after you get to BVA Decision Search year 2022, and you can see that the BVA is still using this precedent in 2022. Here is one example. The Veteran served between August 2001 to March 2002 and February 2003 to September 2004. Veteran filed a reopen claim that was denied, and then the veteran filed a Direct Review Request an elected a hearing and the BVA broaden the veteran's claim using Clemons v Shinseki which was not relevant until 2009 but the veteran still won his appeal. This award is dated June 29, 2022

New and relevant evidence has been received with respect to the previously denied claim to establish service connection for a neck condition is granted. 

Service connection for a neck condition, to include a shoulder and upper back condition, is granted. 

“The Board finds that it is more appropriate to characterize the Veteran's claim for service connection for a neck condition broadly as one of entitlement to service connection for a neck condition, to include shoulder and upper back.  See Clemons v. Shinseki, 23 Vet. App. 1 (2009).”

 

https://www.va.gov/vetapp22/Files6/A22012251.txt

 

[Stayfocus]

1 hour ago, pacmanx1 said:

I think I have seen where you have posted something like this before but as far as I know is that Clemons v Shinseki is still very much precedent and still used by the Board. It doesn't matter when the veteran served, if the veteran can prove that he/ she should have an EED based on medical records, Clemons v Shinseki can be used.

Type in Clemons v Shinseki after you get to BVA Decision Search year 2022, and you can see that the BVA is still using this precedent in 2022. Here is one example. The Veteran served between August 2001 to March 2002 and February 2003 to September 2004. Veteran filed a reopen claim that was denied, and then the veteran filed a Direct Review Request an elected a hearing and the BVA broaden the veteran's claim using Clemons v Shinseki which was not relevant until 2009 but the veteran still won his appeal. This award is dated June 29, 2022

New and relevant evidence has been received with respect to the previously denied claim to establish service connection for a neck condition is granted. 

Service connection for a neck condition, to include a shoulder and upper back condition, is granted. 

“The Board finds that it is more appropriate to characterize the Veteran's claim for service connection for a neck condition broadly as one of entitlement to service connection for a neck condition, to include shoulder and upper back.  See Clemons v. Shinseki, 23 Vet. App. 1 (2009).”

 

https://www.va.gov/vetapp22/Files6/A22012251.txt

 

Good information, thank you for your research.