I'm unsure how to start of the question; however, I will do my best to describe the scenero.
Discharged from the Army, January 5, 1996.
Filed a claim for undiagnosed illness for frequent urination and skin rash in 1997. Claim was denied. I am receiving a 10% rating for LBP and Spondylitis.
I have never since 1997 made an issue or filed any claims until now. Upon reading the rating decision from 1997, I have found many issues of concern. VA stated that they used my service records from 1988 to 1995.
On their decision about the rash they stated that in June 1993 and December 1993 were the only two times that I was seen for the rash on my leg. However, after reveiwing my service medical records it clearly shows that I was also since several times in 1994 and 1995 for the rash.
As well, when upon my release and I was seen by VA for the claim they stated that there is some chronic skin changes that may be due to a rash; however the area is heeled and there is currently no rash present. They are suppose to conduct the exam only when the issue is clearly present correct?
As well if I did not rebut the decision then can I still have the claim reopened due to new and material evidence as well as the VA's failure in "Duty to Assist" for they clearly failed to read my entire military medical records during the decision process.
Any help in this matter would be greatly appreciated.
Question
Bidogg03
I'm unsure how to start of the question; however, I will do my best to describe the scenero.
Discharged from the Army, January 5, 1996.
Filed a claim for undiagnosed illness for frequent urination and skin rash in 1997. Claim was denied. I am receiving a 10% rating for LBP and Spondylitis.
I have never since 1997 made an issue or filed any claims until now. Upon reading the rating decision from 1997, I have found many issues of concern. VA stated that they used my service records from 1988 to 1995.
On their decision about the rash they stated that in June 1993 and December 1993 were the only two times that I was seen for the rash on my leg. However, after reveiwing my service medical records it clearly shows that I was also since several times in 1994 and 1995 for the rash.
As well, when upon my release and I was seen by VA for the claim they stated that there is some chronic skin changes that may be due to a rash; however the area is heeled and there is currently no rash present. They are suppose to conduct the exam only when the issue is clearly present correct?
As well if I did not rebut the decision then can I still have the claim reopened due to new and material evidence as well as the VA's failure in "Duty to Assist" for they clearly failed to read my entire military medical records during the decision process.
Any help in this matter would be greatly appreciated.
Edited by Bidogg03Link to comment
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