Bidogg03

Yes the information was there this whole time and again they have claimed each time they have had a decision that they reviewed my military medical records from 1998 to 1996, yet it took a VA C&P examiner in 2015 to finally notice it. Even with the possible CUE from 1996-97 being a possibility I can't even get them to back pay me for the claim filed in 2010.

Thanks for responding. If all the information has always been in my military medical records and VA has only failed to recognize it then I would think that they at least have to go with the 2010 claim date. I guess I'll have to wait on my rep to let me know what they are planning on doing with this information. I just don't see how VA can go with the last C&P date if it has been in my military medical records. Dates they seen me for the rash while in service was from 1994 thru 1996. It has always been there. It finally took the latest C&P exam for the evaluator to notice it and give the appropriate rating.

I'm not sure I filed within 1 year but when I did file and they denied me for the rash they stated that it was due to the rash not being considered chronic only because they listed 2 dates that I was seen and being that they weren't more then 6 months apart they denied the claim all together. However, after review of my military medical documentation, it is documented that I was seen at various times for rashes over a -period of about 18 months while in service. They clearly didn't review my records as required, otherwise they would of have no choice but to approve the claim. However, back then I didn't know the laws as well and therefore never appealed the decision. My rep believes that it would be a long shot and that my claim for all my other issues would sit in limbo right along side the rash if I was to claim CUE. Therefore, I've just continue to fight my most recent claims. I actually have a PTSD C&P on the 17th of this month. Wish me luck and thank you greatly for your input.

They probably will attempt the tiered rating however, again, as I had stated that even though I filed claiming the lower extremities in 2010 and they gave me a 0%, I filed the NOD and this time around during the C&P, the examiner seen the other areas of by body that had been affect such as the face or scalp. Being that the VA has a duty to assist and they also stated during each decision notification that they review my military medical records, leaves them at fault for not clearly noticing the information that was already placed before them. It was new medical evidence otherwise I could see them trying this on me. Thanks for your input. Appreciate it.

Yes, I have a rep helping with my paperwork and we have stayed within the time limits as required by law. I'm waiting to hear back from my rep and how we are to handle this. Thanks for the info and glad to hear that you finally got yours. Appreciate your input..

Please help.... Not sure if this is the appropriate spot to ask the question but any assistance in this matter would be greatly appreciated. Left service in 1996. File for rash with VA in 1997 and was denied. Filed again in 2010 for bilateral lower extremities. Now there is plenty of documentation to show that I had a rash of the scalp, face, eyebrows, etc while in the military and it was clearly documented. However, when I filed in 2010 I was told due the lower extremities due to that was clearly where the rash was most present. Was finally service connected with a zero percent rating. Filed a NOD and went for another C&P exam of February 2015. The examiner clearly documented the rash of the lower extremities as well as the rash of the upper area of the body (scalp and face). I received my decision letter for a 30% on this for July 2015. However, I did not receive my back pay from 2010. The only thing I could think is that because I originally file for lower extremities and was approved at 0% that they aren't going to pay for it. However, correct me if I'm wrong. If I filed the NOD and they come back at 30% and the information used to decide the claim wasn't new information, but information that has been clearly in my military medical records this whole time, then they have to compensate me the back pay from the time (2010), that the claim was first filed correct? Thanks. 101st Airborne Division Rakkasans

Can anyone please help me to find the actual documentation within VA policy that states "failure of the VA to evaluate current claim condition during an active stage is grounds for a reversal if the claim is denied." Any assistance would be greatly appreciated. Bill

Pete, Thanks again, for I will do that. My current situation is that I can reopen the previously denied claim as well as getting the back increase. I know that getting the retroactive process completed on the rash is going to be tough as well, but looking at the information I got, I believe that I can do this. Instead of asking for CUE I would concentrate on getting a higher rating. Once obtained I would look into CUE, Its actually much harder to get CUE than anything else. Just my opinion.

Thanks for the respone. I was really unfamiliar with the process when I file in 1997. However would additional complaints and documentation since then from civilian medical doctors be enough for "New and Material Evidence?" Bigdog If your decision awarding (or denying) benefits was more than a year ago, then you passed the "regular" appeal review process time limit. Not timely appealing limits your options, since this claim is now "final" and is not subject to review except by filing a "Clear and Unmistakable Error" claim. However, if you have "new and material evidence", you may be able to reopen your claim. Bell vs Derwinski has the "constructive notice" rule, where the VA is considered to have some evidence in their possession, even if they dont. The VA is required to consider all the evidence before rendering a decision, but sometimes its hard to know if they considered your evidence or not. IMHO you have an "uphill battle" trying to prove CUE, but you might get the claims started again with N&M E....then file for an EED (possibly with CUE) to try to get your retro benefits. Most VEts work on winning their benefits, THEN worry about the effective date. The VA LOVES to turn a simple thing into a multi step complex process.

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.