Manonfire Posted July 17, 2016 Share Posted July 17, 2016 Well, I filed (for the 4th time across 28yrs) for my spine (Spondylolethesis) and depression back in November 2015. In May of this year, I got the letter - 70%. I am thankful but I had questions about backdating to the first claim I filed for my spine which was in September of 1988 (I also had applied in 2001 and in 2006 - denied each time). They had failed to consider the MEB and PEB findings the previous 3 times, which they had access to (National Archives), and ignored my DD214 which stated "discharged with severance pay." My C-file clearly shows the original application dated to 1988. What are my options here? Link to comment Share on other sites More sharing options...
Berta Posted July 18, 2016 Share Posted July 18, 2016 "They had failed to consider the MEB and PEB findings the previous 3 times, which they had access to (National Archives), and ignored my DD214 which stated "discharged with severance pay." My C-file clearly shows the original application dated to 1988. What are my options here? " Did they list the MEB PEB findings as evidence in the older claims? Or were they unaware of those findings, or were aware ,but never obtained the records from NARA? This could be a claim to file under 38 CFR 3.156. Not sure yet. I think 1988 was when VA was still saying many claims were not "well grounded" and many vets didn't know how to 'well ground' a claim until the VCAA was signed, in 2000. I hope you still have those decisions. Did the award letter make any reference at all to the past claims? flores97 1 Link to comment Share on other sites More sharing options...
Berta Posted July 18, 2016 Share Posted July 18, 2016 "They had failed to consider the MEB and PEB findings the previous 3 times, which they had access to (National Archives), and ignored my DD214 which stated "discharged with severance pay." My C-file clearly shows the original application dated to 1988. What are my options here? " Did they list the MEB PEB findings as evidence in the older claims? Or were they unaware of those findings, or were aware ,but never obtained the records from NARA? This could be a claim to file under 38 CFR 3.156. Not sure yet. I think 1988 was when VA was still saying many claims were not "well grounded" and many vets didn't know how to 'well ground' a claim until the VCAA was signed, in 2000. I hope you still have those decisions. Did the award letter make any reference at all to the past claims? Broncovet is superb on 38 CFR 3.156 nuances: Link to comment Share on other sites More sharing options...
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