earlier effective date Archives

Client Win: CAVC No. 21-4029 (BVA fails to consider earlier effective date under §3.156(c).)

This case involves the BVA’s failure to address an argument explicitly raised before it: whether a veteran is entitled to an earlier effective date under 38 C.F.R. 3.156(c) when service medical records are added to the file after the original c… Read More

Client Win: CAVC No. 20-2665, Johns v. McDonough (BVA wrong to deny earlier PTSD effective date)

This case involves a Marine Corps veteran (1966 to 1969) who was seeking an earlier effective date for his service connected PTSD claim. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA wrong to deny earlier… Read More

Client Win: CAVC No. 20-2705, Clifton v. Wilkie (BVA decision overlooked earlier effective date argument)

This case involves a BVA decision for a US Army veteran (1979 – 1985) who sought an earlier effective date for the grant of service connection for his hypertensive kidney disease. The appeal was resolved through a joint motion to remand. ISSUE… Read More

Client Win: CAVC No. 18-6851, Greene v. Wilkie (BVA fails to consider Nehmer effective date rules)

This case involves the special, and very powerful, Nehmer effective date rules. Mr. Greene, the veteran, sought an effective date for his service connected coronary artery disease. He argued his effective date should go back to 2006, the first claim… Read More

Client Win: CAVC No. 19-2462, Burkhalter v. Wilkie (Earlier Effective Date based on newly discovered service records)

This case involves a veteran who served in the Air Force from 1953 to 1957. During service, he injured his back on a flight line, and has repeatedly tried to service connect the injury since leaving service in 1957. Each time, the claim was denied. T… Read More

Client Win: CAVC No. 18-3681 Melenchick v. Wilkie (Clear & Unmistakeable Error - CUE)

This case involves the BVA’s dismissal of a veteran’s claim for an earlier effective date for his service-connected post-traumatic stress disorder (PTSD) based on clear and unmistakeable error. Our client appealed the Board’s decision to th… Read More

Client Win: CAVC No. 16-3537, Payao v. O'Rourke (Earlier Effective Date, Reasonably Raised claim)

This case involves an earlier effective date argument: specifically, whether a veteran’s claim for service connection of his kidney disease was reasonably raised in an earlier claim for increased rating for gout. The appeal was fully briefed to… Read More

» earlier effective date