The VA will generally honor the BVA file date for the issue(s) on appeal, and your case illustrates this principle; your increase and new migraine rating were correctly backdated to your 2022 BVA filing date because they pertain to the same claim. The "new evidence" concern you mention typically applies to attempts to *reopen* a finally denied claim that is no longer on appeal, governed by 38 CFR 3.156(a) and 3.400(q)(2), which require "new and relevant" evidence and assign an effective date of the receipt of that new evidence, not the old claim date. However, for evidence submitted while a claim is actively pending before the BVA, as yours was, 38 CFR 3.156(b) applies. This provision states that if "new and material" evidence is secured and associated with the claims file *prior to* the BVA's adjudication, the VA must reconsider the claim and assign an effective date back to the original filing date. Your remand and subsequent C&P exam constituted such new evidence, preserving your earlier effective date. The key distinction is the claim's status: an active appeal versus a finally adjudicated claim. For future action, if you obtain additional, material evidence supporting your remanded claim before the BVA issues its final decision, you should immediately submit it to the BVA (via VA Form 10182 or your representative) to keep the record open and protect your effective date under ยง 3.156(b). *Note: This information is for educational purposes regarding VA procedures and is not legal or medical advice; consult an accredited VA attorney or agent for guidance on your specific claim.*
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