hypertension 1992

[ljcook91]

In 2012 I received my C-file, inside I came across a rating decision, date of claim 6/30/92, date of this rating 9/8/92, it says entitlement to non-service connected pension-Outpatient treatment records from January 1991 to May 1992 and Department of Veterans Affairs examinations July 25 and August 3, 1992, Cited outpatient treatment records refer to a seizure disorder for which the veteran was taking medication. In January 1992, he was advised not to operate a motor vehicle. Cited examinations indicate veteran walks with a cane and his gait is abnormal because he circumducts his right leg to keep pressure off of his right foot. Veteran received a gunshot wound to his right ankle and x-ray shows retained foreign bodies. Neuro exam confirms post- traumatic seizures as well as post- traumatic headaches. Veteran is found to be permanently and totally disabled- Date of future physical examination NO EXAM===== 2. PT {VE} from 6/30/92- 8910- 60% Epilepsy, grand mal-5271- 10% Residuals, right ankle injury- 8100-10% Headaches COMB: NSC 70%============= Now here's the question, I filed a claim for service connected seizure disorder in 1992 but was told could not get service connected because records were destroyed, and all I could get would be non service connected, Fast forward to Dec 28,2010 filed a claim for service connected seizure disorder, headaches, depression, hypertension, and a few others, bottom line, they were all denied March 2012, reopened before the year was up, in Feb. 2013 was granted 40% service connected for seizure disorder effective Dec.2010, no retro of any kind , now I have the rest of the claim pending for headaches , depression ,TBI, and sleep apnea, ok , here we go if and when they grant the award , should they go back to 1992 when I first made the claim.

[jbasser]

What records did they use to award the later claim?

If they found the records you need to file a CUE claim but you need to be specific

The Regulation you need to use is Title 38 CFR 3.156 ©

That means if a claim is later decided because they found missing service department records then they have to go back to the original claim date.

Read up on it to get a better understanding of the issues before you do.

J

[Philip Rogers]

I agree w/jbasser and I see a large check in your future, provided the injury is found SC and not NSC. I don't see why they rated you NSC in the first place. jmo

pr