"Ask NOD"

Re: Keeping an Appeal Going

From: Posted by
Category: Question for NOD
Date: 09/08/08

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Dan, Read the section on holes in the fabric. If you want more on CUE, I''ll send you to some BVA decisions that give you a feel. Remember, You have to observe the rules of 1984 38 CFR or its equivilent. If you get out the big stick of the 3.156(c) with something you can invoke, your old denial is thrown out as contaminated testimony and a new claims process starts from scratch. All the new stuff you used to win this most recent claim for the same thing is new testimony that can be introduced as de novo on a readjudication of the 1984 decision. You can file it as a NOD (disagreement with the effective date) to your most recent grant if it has been less than a year. If they didn't give you 100% rating and your medical condition warrants it ,you can appeal that at the same time too. If you do not appeal that rating on your initial grant within a year you are stuck with it and must start a whole new claim from scratch for an increase in entitlement @ the RO level.

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