Should I Appeal This Claim Or Should I Make A New One?

[vistagirl81]

my husband has been denied for back pain, due to the fact that they said that pain is not compensatable.... his SMR states"AD 24 yr old male with chronic BP.PT has TTP AT APPR L4 Level At Spinous Process.POS SPASM AT RT Paraspinals. Denies B/B No reported trauma. .. My Question is , is that a diagnosis and should i file a new claim for muscle spasms? Would it matter that he was only seem 4 times in 2005 none in 2006 ,once in 2007(they though he had menningitis so they punctured his back 8 times ) since then his spasms have gotten worse and he has been seen 3 times in 2008. When he got out of the military in Dec 08 he has been seen 4 times +...

Also he has been deined for Knee pain. he was assessed with having patellofemoral pain syndrome while in the service but not out.. should we wait and appeal or file a new claim or should we wait until he has been diagnosed by the VA? thank you

[john999]

If you file a new claim you lose your earliest effective date. You can appeal this decision and get new evidence are preserve your early date.

[vistagirl81]

really?? I though that if you file a claim within a year of your leave from active duty your claim goes back to the day after you left?

[carlie]

really?? I though that if you file a claim within a year of your leave from active duty your claim goes back to the day after you left?

vistagirl,

Didn't he go thru the BDD program ?

Original claims filed on a 21-526 get an ED of day following separation.

Anytime a claim is denied and a year passes without a NOD the denial becomes final

and the claimant must re-open with new and material evidence.

After that the ED would be the date of the re-opened claim.

This is of course barring a claim of C&UE.

Being that he was discharged Dec 2008, I think you could still get an ED of day following separation.

jmho.

Hope this helps a vet.

carlie

[vistagirl81]

what is a BDD? If it is about any information dealing with claims he did not recieve any info about it before he left service.

I am not sure if i should appeal back pain /knee pain.... because they said that he wont get any compensation for pain.. should i appeal the back pain or file a new claim for muscle spasms......appeal a claim for knee pain or file a new claim for runners knee(patellofemoral pain syndrome) ? ... i think they might give the claims a chance by rewording it.

[Ricky]

What were his range of motion measurements during the exam and any they used in the denial letter?

[MikeR]

What were his range of motion measurements during the exam and any they used in the denial letter?

That's a very important question. Also do you have an IMO?