<aside> 1️⃣

Did the VA grant the correct EFFECTIVE DATE?

Date of ITF filed within 1 year of claim that led to grant OR date of continuously pursued claim

IF NO (WRONG EFFECTIVE DATE ASSIGNED) > Appeal in HLR (MAKE SURE YOU PUT THE EFFECTIVE DATE YOU ARE SEEKING ON THE HLR FORM)

PASTE THE LEGAL ARGUMENT FOR THE EFFECTIVE DATE SOUGHT - see below for legal argument snippets from TextExpander to paste into Legal Argument section of Appeal Workup for each claim)

• EED - Back One Year = @1EED
• EED - Continuously Pursued = @2EED
• EED - Date of Exam (VA assigned effective date of Comp & Pen Exam instead of date of continuously pursued claim) = @DOE
• EED - IR within 1 Year of ITF or Application = @3EED
• EED - ITF = @ITF
• EED - ITF or Claim Within 1 Year of Surgery = @4EED
• EED - Misplaced Service Records = @3.156c
• EED - NME During Appeal Period = @3.156b
• EED - PACT Eff date + more 1 year = @pacteed
• EED - Reasonably Raised = @5EED
• EED - Rice = @Rice
• EED - TDIU = @TDIU

IF YES (CORRECT EFFECTIVE DATE ASSIGNED) > Move onto step 2: Did the VA grant the correct rating evaluation?

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<aside> 2️⃣

Did the VA grant the correct RATING EVALUATION?

Review the diagnostic code for the claimed condition and evaluate severity of symptoms on the most recent DBQ

CORRECT RATING EVALUATION

• Confirm client does not meet the criteria for higher rating based on his/her symptoms (no appeal necessary)

INCORRECT RATING EVALUATION

• Does the Comp & Pen Exam support a higher rating evaluation on its face?

• YES > HLR Lane > Favorable Evidence not considered (ask for higher rating evaluation)

  <aside> ⚖️ FAVORABLE EVIDENCE NOT CONSIDERED

  The claim must be awarded if all of the evidence is favorable. See Rose v. West,11 Vet. App. 169 (1998); Traut v. Brown, 6 Vet. App. 495 (1994); see also VA Adjudication Manual, M21-1MR*, Part III, Subpart iv, Chapter 5, Section 9, Subsection c (July 15, 2015).* When considering an increase in an already service connected disability, the present level of disability is of primary concern.  Past medical reports do not take precedence over current findings in determining whether to increase a disability rating, although a rating specialist is directed to review the recorded history of the disability to make a more accurate evaluation*. See* Francisco v. Brown**,** 7 Vet. App. 55 (1994).

  </aside>

• NO > Supp Claim Lane > get a new piece of evidence for the VA to consider (ask for higher rating or a new Comp & Pen Exam)

  1. Veteran Statement about his/her current symptoms
  2. Veteran Statement about the Comp & Pen Exit Survey (to discredit the medical opinion)
  3. Buddy Statement about the veteran’s current symptoms

2020- 04 NVLSP Webinar - Identifying Duty to Assist Errors - Reasons Why VA Examinations May Be Inadequate.pdf

</aside>