When is the last date that you can file new evidence and preserve your original effective date if your claim is awarded? The original effective date, I think, is when the VARO received the claim.
I need clarification, please. I've heard that you can submit new evidence even after you file the VAF 9 Appeal and as long as the BVA has not issued a final decision, you can submit new evidence and your original effective date will be preserved. Or, is it, your new evidence must be received by the VARO within the 12-month NOD period, no later?
If you have substantial important new evidence and the claim is still in processing, then you can submit it. I say the first, because every time you send information they do not request it slows the claim processing down. If they request it, the claim is on hold until you submit the requested information or tell the VA it does not exist.
You asked it in a different section. Here is your second time. Please do not duplicate posts or open threads - use Open Discussion.
RVN1968 Posted Sat 22 March 2008 02:50 AM
Not sure where to post this important issue for me, please.
When is the last date that you can file new evidence and preserve your original effective date if your claim is awarded? The original effective date, I think, is when the VARO received the claim.
I need clarification, please. I've heard that you can submit new evidence even after you file the VAF 9 Appeal and as long as the BVA has not issued a final decision, you can submit new evidence and your original effective date will be preserved. Or, is it, your new evidence must be received by the VARO within the 12-month NOD period, no later? Roll Eyes
I am needing to know if and when the original effective date is preserved (retained) when you submit new evidence after the claim decision is issued. Is it before the expiration date of the SOC (60 days) or is it before the BVA issues its decision on the appeal? Or?
Until your final appeal, whatever that is. As part of the appeal I believe you can provide additional evidence. The claim is still open. You have filed an NOD. It is back in the system and as part of the open case. You are not starting a new case.
While your appeal is in the system, you can continue to submit new additional evidence until the appeal is certified to the BVA. After it is certified, you and your representative can again present additional evidence at your personal hearing. In nearly every personal hearing I have presented the Veterans Law Judge new evidence at the hearing, also after the hearing evidence may be submitted until the case is in review for the decision. The Appeals Management Center (AMC) will develop the case appeal if the veteran does not request the agency of jurisdiction. The AMC is under the direction of Mr. Arnold Russo, a highly qualified individual, who insures the appealent gets every opportunity to present favorable evidence.
