BVA– HOLES IN THE FABRIC


Readjudication on a De Novo basis means going back to the original decision date in 1997 and starting over. It’s like a brand new claim. You can introduce new evidence, old evidence, anything you want and they have to accept it. This is very important. Let’s look at my case. I was denied in 1994. They said I wasn’t in Vietnam and turned me down for AO(porphyria cutanea tarda-aka PCT) and also denied my hepatitis claim. My VSO did not file my Form 9 and my claim died after one year. Fast forward to 2007. I refile with evidence of duty in Vietnam and a doctor’s nexus of both Hepatitis and PCT secondary to the hep. VA grants my claim for Hep. and PCT, but only back to my 2007 filing date. My NOD/ appeal for a Decision Review Officer to review the effective date of 1994 is pending. I will appeal it all the way to the CAVC if necessary, but I suspect the DRO will readjudicate this on a De Novo basis and grant the claim. The law is dispositive in this regard. My evidence of duty/visitation(TDY orders) to Vietnam has been accepted as a valid military document. Once that occurs, they have to look at all evidence old and new. That means they have to consider that fact that I am now service connected for everything they denied in 1994. This and CUE are the only way a Vet can go back and revisit an unappealed claim. I will keep you posted on the outcome.

http://www.va.gov/vetapp08/Files3/0824802.txt

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About asknod

VA claims blogger
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