Got a ?

[Mr cue]

My ? Is isn't there different rules on a effective date ama appeal and legacy appeal.

Like I seem to remember something about how far back a ama appeal can go back.

I could be wrong.

[pacmanx1]

The regulations are the same except the new AMA are new, but they refer the effective dates back to the old regulations. But that is a very tricky question, and it deserves a very tricky answer. The simple answer is yes and no but not really, it depends on several things. The form the veteran use to file his/her appeal. The regulation the VA use to determine the decision. The date of the evidence submitted. The date of the evidence. There are a lot of factors and unknowns.

The reason why this is all important is because the AMA forms and regulations states that the VA can only go back 1 (one) year of the dated application. The tricky part is that some evidence is dated long before the AMA and should be processed under the new material and or pertinent evidence regulation or a CUE regulation which states that the VA will re-adjudicate the appeal as if the evidence was originally with the appeal, but the VA is trying to get around paying large retroactive effective dates, so it is very important the veteran understand their benefits.

Now, the new regulations states that the VA is supposed to use the correct regulation, but the regional offices are ignoring them and only awarding appeals back to the date of application forcing veterans to file a new disagreement to get their correct effective dates.

 

(a) New and relevant evidence. The new and relevant standard will not impose a higher evidentiary threshold than the previous new and material evidence standard under § 3.156(a).

(1) Definition. New evidence is evidence not previously part of the actual record before agency adjudicators. Relevant evidence is information that tends to prove or disprove a matter at issue in a claim. Relevant evidence includes evidence that raises a theory of entitlement that was not previously addressed.

(2) Receipt prior to notice of a decision. New and relevant evidence received before VA issues its decision on a supplemental claim will be considered as having been filed in connection with the claim.

(b) Evidentiary record. The evidentiary record for a supplemental claim includes all evidence received by VA before VA issues notice of a decision on the supplemental claim. For VA to re-adjudicate the claim, the evidentiary record must include new and relevant evidence that was not of record as of the date of notice of the prior decision.

eCFR :: 38 CFR 3.2501 -- Supplemental claims.

Edited November 15, 2022 by pacmanx1

[Mr cue]

1 hour ago, pacmanx1 said:

The reason why this is all important is because the AMA forms and regulations states that the VA can only go back 1 (one) year of the dated application. The tricky part is that some evidence is dated long before the AMA and should be processed under the new material and or pertinent evidence regulation or a CUE regulation which states that the VA will re-adjudicate the appeal as if the evidence was originally with the appeal, but the VA is trying to get around paying large retroactive effective dates, so it is very important the veteran understand their benefit

 

I been try to understand why the VA keep removing my smc effective date appeal from legacy.

When I never requested it 

I think I found the reason.