Effective Date?

[Bluntly]

Good evening to all after finally being awarded service connection with residuals of a TBI at the BVA on Jan. 13, 2023. Just waiting on the RO to implement, I was reading over the BVA decision and wanted to know if this should go back to my original claim date in 2009? I was originally denied due to them saying no records of an injury or in service event occurred. Then I’d reopened this claim in July of 2016:

“Based on the evidence of record, the Board finds that service connection for residuals of a TBI is warranted.First, the Board finds an in service event occurred as the Veteran’s STRs contain a diagnosis of TBI.”

Also the benefit of the doubt was ruled in my favor here…

Edited January 19, 2023 by Bluntly

[broncovet]

Dont count on ebenefits/va.gov.  Exception:  The letters section is usually correct.  Check to see if you can print a letter that says you are "x" percent or SMC.  

Otherwise you have to wait for the envelope.  Ebenefits is notoriously unreliable and not up to date.  

[pacmanx1]

A lot of veterans overlook 38 CFR 3.156(D) which I think is equally important and states: (D) New and relevant evidence. On or after the effective date provided in § 19.2(a), a claimant may file a supplemental claim as prescribed in § 3.2501. If new and relevant evidence, as defined in § 3.2501(a)(1), is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will re-adjudicate the claim taking into consideration all of the evidence of record.

3.2501 Supplemental claims.

Except as otherwise provided, a claimant or his or her authorized representative, if any, who disagrees with a prior VA decision may file a supplemental claim (see § 3.1(p)(2)) by submitting in writing or electronically a complete application (see § 3.160(a)) on a form prescribed by the Secretary any time after the agency of original jurisdiction issues notice of a decision, regardless of whether the claim is pending (see § 3.160(c)) or has become finally adjudicated (see § 3.160(d)). If new and relevant evidence is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will re-adjudicate the claim taking into consideration all of the evidence of record. If new and relevant evidence is not presented or secured, the agency of original jurisdiction will issue a decision finding that there was insufficient evidence to re-adjudicate the claim. In determining whether new and relevant evidence is presented or secured, VA will consider any VA treatment records reasonably identified by the claimant and any evidence received by VA after VA issued notice of a decision on the claim and while the evidentiary record was closed (see 3.103(c)).

(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.

[Bluntly]

Thanks a lot fellas and the Va haven’t heard the last of me yet. FYI for others who may not know you can now download your claims letter. So you wouldn’t have to wait for mail to arrive. Once it’s printed up then you can see it in the system before the mail arrives.

Edited January 21, 2023 by Bluntly

[broncovet]

That's news to me..I have no idea why VA waited until recently to allow Vets to print out their decision letter, if that is what this is.  It would appear so.  

[Bluntly]

After carefully reading over the RO decision I have a couple questions as to what it means.

“Your claim is still considered to be in appellate status and further processing will continue. You will receive notice of a decision on the remaining appeal issues at a later date.” 

“As noted below a non-compensable evaluation is being assinged based on the totality of the evidence, and pending an additional medical opinion. If an examination is needed, you will be notified of the date and time of the examination.”

Is my claim not yet closed or what? They said remaining appeal issues which I only had tbi to appeal. If it’s not over yet then why enter it in the system already if you’re waiting on a medical opinion?

Edited January 21, 2023 by Bluntly

[pacmanx1]

On 1/18/2023 at 5:48 PM, Bluntly said:

“As noted below a non-compensable evaluation is being assigned based on the totality of the evidence and pending an additional medical opinion. If an examination is needed, you will be notified of the date and time of the examination.”

It sounds like the VA plans to set up another medical examination. So, it appears that your claim is still somewhat pending. Keep in mind that the regional office is supposed to assign you an effective date and a rating percentage. What effective date did they assign for your 0%? I don't think anyone would know why the VA does anything, but this so far seems like they are going in the right direction.