Stayfocus Posted October 11, 2022 Share Posted October 11, 2022 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? Link to comment Share on other sites More sharing options...
0 Moderator pacmanx1 Posted October 12, 2022 Moderator Share Posted October 12, 2022 (edited) 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 October 12, 2022 by pacmanx1 My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions. Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up. I do not give my consent for anyone to view my personal VA records. Link to comment Share on other sites More sharing options...
0 Stayfocus Posted October 12, 2022 Author Share Posted October 12, 2022 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. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted October 14, 2022 Moderator Share Posted October 14, 2022 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) blahsaysme2u 1 Link to comment Share on other sites More sharing options...
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Stayfocus
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?
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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
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