Earlier Effective date, waiting to be assigned to judge

[Stayfocus]

659 days in direct review lane for EED.

Waiting to be assigned to a judge.

Anyone else in same situation?

Edited March 18, 2023 by brokensoldier244th
moved from another topic/question

[pacmanx1]

1 minute ago, Stayfocus said:

Since I am in ama direct review lane, vlj is “supposed “ to look only at evidence within my cfile. 

I would ordinarily say yes, you are correct, but I would have to say that it really depends on the evidence of record. Both the legacy and the AMA appeals are supposed to follow 38 CFR 3.156, but the greater issue is simply getting the VA/BVA/CAVC to actually read your entire C-File. I stated that I am in the same boat and my claim/appeal has been remanded from the CAVC for the second time ordering the BVA to re-evaluate my entire records and my medical evidence. The BVA granted me a 1998 effective date, but the VARO lowballed my rating then the BVA refused to correct my rating percentage. I had to file a second appeal to the CAVC to get a second joint remand ordering the BVA to do their jobs.

Due to the fact that you are asking the VARO for a corrected rating, they could award your EED from your records, but the VARO ordered a new exam when I filed two requests for EEDs and then ignored the medical examiner's medical opinion. My remanded claim was given an EED, but it did not cover my entire appeal time and the Direct Review Appeal is still pending waiting to go to a judge.

[Stayfocus]

4 minutes ago, pacmanx1 said:

I would ordinarily say yes, you are correct, but I would have to say that it really depends on the evidence of record. Both the legacy and the AMA appeals are supposed to follow 38 CFR 3.156, but the greater issue is simply getting the VA/BVA/CAVC to actually read your entire C-File. I stated that I am in the same boat and my claim/appeal has been remanded from the CAVC for the second time ordering the BVA to re-evaluate my entire records and my medical evidence. The BVA granted me a 1998 effective date, but the VARO lowballed my rating then the BVA refused to correct my rating percentage. I had to file a second appeal to the CAVC to get a second joint remand ordering the BVA to do their jobs.

Due to the fact that you are asking the VARO for a corrected rating, they could award your EED from your records, but the VARO ordered a new exam when I filed two requests for EEDs and then ignored the medical examiner's medical opinion. My remanded claim was given an EED, but it did not cover my entire appeal time and the Direct Review Appeal is still pending waiting to go to a judge.

Thank you 

[jamescripps2]

In my EED case the VBA requested that a C&P retrospective medical opinion be obtained. Mine was a legacy 3.156c. The retrospective C&P opinion was obtained and was favorable to me. I also submitted a IMO from my private doctor. I did win the EED and ten years retro.

[Stayfocus]

10 hours ago, jamescripps2 said:

In my EED case the VBA requested that a C&P retrospective medical opinion be obtained. Mine was a legacy 3.156c. The retrospective C&P opinion was obtained and was favorable to me. I also submitted a IMO from my private doctor. I did win the EED and ten years retro.

What is a c&p retrospective?

[Stayfocus]

Just now, Stayfocus said:

What is a c&p retrospective?

3.156c state’s effective date is date of original claim denial. Is this something new?

[pacmanx1]

21 minutes ago, Stayfocus said:

3.156c state’s effective date is date of original claim denial. Is this something new?

NO, If I am wrong, I am sure someone will correct me. To put it in layman’s/plain language, a retrospective C & P exam is a medical opinion that reviews your records and determine how severe your disability was over a period of time from the original claim to the present severity.

Take a look at 38 CFR 3.156(D)

(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.

Example: In my case after the BVA granted me a 1998 effective date, the VARO lowballed my rating percentage and I had to file a new CAVC appeal to get a joint remand to get the BVA/VA to review my entire appeal to determine if the VA should have given me a higher rating percentage.