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Stayfocus

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1 hour ago, Stayfocus said:

If you were a BVA judge and came across an appeal that said, “Appeal for earlier effective date and 100% evaluation for depression.”

What would you think? 

The veteran would still have a 100% service-connected disability rating but depending on the claim and the evidence of record, the VA is obligated to review the veteran's records to determine if the veteran should be awarded an earlier effective date. The veteran could be awarded an SMC rating which is a little extra in his/her compensation benefits.  

Edited by pacmanx1
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11 hours ago, pacmanx1 said:

The veteran would still have a 100% service-connected disability rating but depending on the claim and the evidence of record, the VA is obligated to review the veteran's records to determine if the veteran should be awarded an earlier effective date. The veteran could be awarded an SMC rating which is a little extra in his/her compensation benefits.  

Makes a lot of sense.

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You can appeal one or more issues.  For example, you can appeal 

1.  A denial of service connection for tinnitus.  

And

2.  Dispute the percentage for another condition.

And

3. Appeal the effective date for another condiiton.  

AND 

4.  Appeal the award of SMC S, "even if" VARO did not adjuticate it.  (Especially if you think they should have adjuticated it.  They should adjuticate SMC S, whenever a single 100 percent disabilty is awarded)

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