Veterans: You only have one year to appeal your effective date, a very short time to act…
REMEMBER: Veterans have ONLY ONE-YEAR to appeal the effective date of VA’s most recent rating decision on their case. A one-year statute of limitations is a VERY SHORT TIME period to appeal, however, this is VA REALITY. It is extremely important to understand how the one-year limitation will affect your case. If you miss your opportunity to appeal VA’s rating decision, then you fall into one of two categories.
First, VA really missed something important (a non-debatable error or “clear and unmistakable error”), or second, you “go to the back of the line” and must file a new claim!
There is also reopening the previously denied claim using “new and material evidence,” however, if you reopen your claim, the effective date will be the date the claim was reopened, NOT the date the earlier denied claim’s effective date (ouch!).
If you know or think that your one-year appeal period is ending soon, contact us today and help us help you preserve the date of your original claim!
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