PREC 10-94    Effective Dates of Awards based on Judicial Precedents       Citation: Vet. Aff. Op. Gen Couns. Prec. 10-94, VAOPGCPREC 10-94, 1994

QUESTION PRESENTED:

Does 38 U.S.C. § 5110(g), which governs effective dates of awards of compensation and pension benefits based on liber-alizing laws or administrative issues, apply to awards based upon judicial precedents?

HELD:

The effective dates of awards of compensation or pension based upon judicial precedents alone are governed by

38 U.S.C. § 5110(a) and not 38 U.S.C. 5110(g), i.e., the effective dates may generally be no earlier than dates of receipt of claims.  However, if an award may be predicated upon an administrative issue, such as an amendment to a regulation, prompted by a judicial precedent, 38 U.S.C.

§ 5110(g) should be applied in assigning the effective date if to do so would be to the claimant's benefit.