the definition of NOD, see M21-1, Part I, 5.A.1.d, and NODs, see M21-1, Part I, 5.B. b. Granting the An appellant may qualify for a retroactive effective date under PL 112-154, FDC even if the NOD is received on or after August 6, 2015. The Section 506 Retroactive issue as to whether the FDC retroactive effective date applies is whether the Effective Date Veteran successfully made it to the initial rating decision as a member of the During the FDC program. Once the initial rating decision is issued, there is no further Appeal Period need to determine whether to exclude the Veteran from the program. If the Veteran meets all other requirements for the retroactive effective date under the FDC effective date should be awarded to PL 112-154, Section 506, any original grant of SC based on an appeal a claim for reconsideration with new evidence received within one year of the prior denial under , or clear and unmistakable error in the prior denial under . A separate claim can co-exist with the appeal without causing the Note: appeal from being excluded from the FDC program. c. Example 1: Veteran files an original FDC compensation claim on September Situation: on Appeal 1, 2013, for a right knee disability and is denied SC. Veteran submits a After timely NOD (handled under either traditional or A Decision de novo). Development Review Officer (DRO) requests private treatment records, additional VA for Additional exams, and military treatment facility records. Evidence Based on the new evidence, the DRO awards SC and assigns the Result: retroactive effective date from September 1, 2012. This is an original FDC and the NOD was received timely. The Explanation: provisions of should be applied. The DRO (VA) is initiating the PL 112-154 request for additional evidence; the claimant is submitting this evidence. not Veteran files an original FDC compensation claim on September d. Example 2: Situation: Grant on 1, 2013, for a right knee disability. Prior to rating the claim, the RO excludes Appeal After it from the FDC program based on the need to develop for fire-related STRs. FDC Exclusion SC is then denied, and the Veteran submits a timely NOD. DRO requests a VA examination. Based on the new evidence, the DRO awards SC and assigns a Result: retroactive effective date from September 1, 2012.
the definition of NOD, see M21-1, Part I, 5.A.1.d, and NODs, see M21-1, Part I, 5.B. b. Granting the FDC Retroactive Effective Date During the Appeal Period An appellant may qualify for a retroactive effective date under PL 112-154, Section 506 even if the NOD is received on or after August 6, 2015. The issue as to whether the FDC retroactive effective date applies is whether the Veteran successfully made it to the initial rating decision as a member of the FDC program. Once the initial rating decision is issued, there is no further need to determine whether to exclude the Veteran from the program. If the Veteran meets all other requirements for the retroactive effective date under PL 112-154, Section 506, the FDC effective date should be awarded to any original grant of SC based on an appeal a claim for reconsideration with new evidence received within one year of the prior denial under , or clear and unmistakable error in the prior denial under . Note: A separate claim can co-exist with the appeal without causing the appeal from being excluded from the FDC program. c. Example 1: on Appeal After Development for Additional Evidence Situation: Veteran files an original FDC compensation claim on September 1, 2013, for a right knee disability and is denied SC. Veteran submits a timely NOD (handled under either traditional or de novo). A Decision Review Officer (DRO) requests private treatment records, additional VA exams, and military treatment facility records. Result: Based on the new evidence, the DRO awards SC and assigns the retroactive effective date from September 1, 2012. Explanation: This is an original FDC and the NOD was received timely. The provisions of PL 112-154 should be applied. The DRO (VA) is initiating the request for additional evidence; the claimant is not submitting this evidence. d. Example 2: Grant on Appeal After FDC Exclusion Situation: Veteran files an original FDC compensation claim on September 1, 2013, for a right knee disability. Prior to rating the claim, the RO excludes it from the FDC program based on the need to develop for fire-related STRs. SC is then denied, and the Veteran submits a timely NOD. DRO requests a VA examination. Result: Based on the new evidence, the DRO awards SC and assigns a retroactive effective date from September 1, 2012.