As advertised, Jerrell and John are putting on another shindig this Thursday, the 27th of Falltember. We’ll discuss some interesting VA topics as we always do. I’ll give you folks an update on the LZ Cork saga that has now dragged on for over five years. It’s hard to believe we set out back in August 2013 to get Butch his Purple Heart and CIB. We’ve come a long way and now are on the last leg of a great §3.156(c) case. As much as everyone thinks §3.156(c) is a ticket to Dollar Drive or Bucks Boulevard, I have some interesting insights to share.
Just so you all can bone up on the subject, I would suggest reviewing Blubaugh v. McDonald, 773 F.3d. 1310, 1312 (Fed. Cir. 2014). or Kizor v. Shulkin, #16- 1929 Decided 9/07/2017
Here’s the subject matter — 38 CFR §3.156(c)(1)(i),(3),(4)
(c)Service department records.
(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a)of this section. Such records include, but are not limited to:
(i)Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph (c) of this section are met;
(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA’s original request for service records; and
(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.
(3) An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.
(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.
Remember that word “claim” and the legal necessity to have filed for this item(s) way back when and been essentially denied or lowballed. Pretty soon you’re talking a waaaaay more specific definition of what the meaning of ‘is’ is. Always remember our old VA Form 21-2545 Report of Examination (yellow copy to VBA). You signed your name on a VA form duly associated with the claims file that evinced informal claims regardless of what you claimed on the VAF 21-526. Six of one, half a dozen of another.
So, 1900 Hours Local on the Least Coast, 1600 on the Left, if the creeks don’t rise and good Lord willing, we’ll be on air.
The call in number, assuming John or Jerrell have been paying the phone bills, is:
Dial 1 (one) to talk to the boys.
Come learn about how to win a claim the first time out.