Geez John....I am sure you questioned already the St Louis fire potential.
I still have SMRS here from a vet who VA told were destroyed in the St Louis Fire.
I told him to go to NARA site and he got them.His rep asked me to help him and showed me 2 pages of SMRS and the letter from VA that said the rest were destroyed in the fire.
I immediately realized the VA was full iof crap on that---no watermarks or charred edges on the copies....I was with the local fire department for 8 years. Firemen , especially in a horrendous fire like St Louis was, did not have any time at all to select a few papers here and there from any vet's files.
They told one vet here the same BS but he had enlisted AFTER the St louis fire.
Has your father filled out a DD 149? The form is here somewhere.
A DD 149 brought the Presidential Unit Citation to my husband and other awards he did not have on his DD 214, along with a DD 215.
Most of the records lost in the fire were for USAF vets, not Army.
When VA uses the fire excuse for any vet, I think the vet should request the records themselves from NARA. It could be possible they were destroyed but it also is possible the VA lied.
I assume that you were employed when they made the 70% rating? Otherwise they would have considered you for TDIU and probably enclosed the 21-8940 form with the older decision.
If the cancer is claimed and also is a SC disability, the rating might put you at 100% or warrant TDIU,if you are unemployed.
Not enough info here to really guess.....
You seem to be asking if the cancer alone would give you 100%.......
Please check out our VA Schedule of Ratings link here.on the forum page....go down about halfway to where you will find how they rate cancer....and the ratings depend on the type of cancer and the residuals of it.
And of course if it can be service connected.
Indeed he is.
But a NOD is more than just a ballpark statement that one is disagreeing with the decision.
On Christmas Eve (of course) 1988 my husband got a proposed reduction letter. The tree went flying out the front door.They proposed to reduce his then 30% PTSD to 10% since he had obtained 'substantial employment' with the VA and also was in Voc Rehab.
I wrote the NOD stating he only got the VA job because the director didnt want him to file an EEOC case on another hiring matter for a full time fireman's position, when their personnel director violated the law.
OPM had found him qualified but he never even got an interview because the fire department at this VA hired relatives....for years without interviewing qualified veterans.He got a part time VA job in their dietetics department within hours after we talked to the director about this ( until another VA fireman position opened -per the director-and none ever did) yet he was a former PHVAC, and Nuke as well. Substantial employment? My butt.The personnel director was removed due to that fiasco.I gave them the VAMC's director's contact info and testified I was a witness to this entire situation, in the NOD.
Also I pointed out that ONE sole semester of VOC Rehab does not make anyone a rocket scientist and he already had requested accommodations to his PTSD, and needed a note taker and also tutoring from the college.
About 7-8 months later AmVets on his POA called here but he had not gotten home yet and AMVETS said that's OK, just tell him the VA will send him a formal letter that they have restored his comp back to 30%.
This was 1988 and no PC internet then.
I used the regulations they quoted in the proposed reduction letter against them and also used plain old common sense.
Same thing with my daughter's NOD.I raised CUE in it too.VA Educational department error.
That was resolved in 3 weeks,after I mailed her the NOD, she copied and signed it and sent it in.
I used the regulations from their own Chapter 35 application.I guess no one at VA Edu knew how to read the regs.
A NOD is the most important avenue of attack to a faulty VA decision.
Telling them why they are wrong, with evidence they have and how the regulations were misinterpreted
can do wonders....but many times they will still fight back.
If it is a question of a medical nature( lousy C & P exams are the most likely cause of denials) than an IMO/IME is definitely in order.
If they said your SMRs were 'silent' for any nexus, with the NOD ,send them a copy of anything in the SMRs that prove the nexus.
And of course if they made a legal error to your detriment in a recent decision within the appeal period formally ask them to go CUE themselves. ....explained here many many times already....but file the NOD on time if they do not react to this type of CUE request.
Your absolutely RIGHT, regarding the Denial, that Trigger would have already been pulled. Stay positive, "Deferred" is Good, just indicates the Rater determined those Issues needed additional development before he/she could make an Award/Denial Decision. This could take some significant time but maybe not.
Have you received your actual 30% SC Award Letter yet? Your Deferred Issues, by VA Reg couldn't and didn't hold up the Awarding of the 30% SC issues. That was my point, if the MST/PTSD Decision to Award SC based solely on the C & P DBQ & C-File Evidence of Record is made, the Rater is required by Reg, to Award It. The Bladder Secondary Issue would not of postponed the PTSD Award, however the lack of a PTSD Award, does make any PTSD Secondary issue moot.