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I have a couple of basic questions, I think I know the answer but want to make sure.
On the form Box 13 states “If available, I would like HIGHER-LEVEL REVIEW conducted at the same office within the agency of original jurisdiction” Is it best to have the same office or go someplace else?
I am request a EED on a BVA grant. The BVA granted my case on 7/2/2019 andf the RO assigned the effective date and percentages on 8/23/2019. Which date do I list for the for the date of the decision notice? I am thinking it would be 8/23/2019. They gave the effective date of 7/2/2019 the date of the BVA grant. The BVA said they were deciding the case denied on 3/2016.
The effective date of this grant is July 2, 2019. Service connection has been established from the day VA received your claim. When a claim of service connection is received more than one year after discharge from active duty, the effective date is the date VA received the claim. (38 C.F.R. §3.400)
38 CFR § 3.400 states in part:
“General. Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.”
The original claim was filed 7/25/2015 (first time I had ever filed for VA benefits), it was denied on 3/16/2016. Filed reconsideration on 9/27/2016 which was denied on 11/26/2016. Filed a HLR on 5/1/2017 upgraded to RAMP on 5/24/2018. HLR was denied on 8/15/2018. Filed with the BVA on 10/4/2018 and was granted by the BVA on 7/2/2019. Now I did everything within one year of each denial so I am thinking it should have an effective date of 7/25/2015.
Besides the two questions at the beginning. Is the VA correct on the 7/2/2019 effective date? At a minimum I would think it should go back to 5/1/2017.
Any help is always greatly appreciated.
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I have a couple of basic questions, I think I know the answer but want to make sure. On the form Box 13 states If available, I would like HIGHER-LEVEL REVIEW conducted at the same office within the agency of original jurisdiction Is it best to have the same office or go someplace else?