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About Gracie2012

  • Birthday 06/23/1961

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  • Yahoo

Profile Information

  • Military Rank
  • Location
  • Interests
    Hunting, most outdoor activities

Previous Fields

  • Service Connected Disability
  • Branch of Service
    Air Force
  • Hobby
    Golf, Hunting, outdoor activities

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  1. i submitted the following for a higher level review to request an earlier effective date, but was denied. Any suggestions I’m service connected at 20% for my shoulder. I submitted a disagreement with the rating decision dated 12/16/2020 with the effective date of my service-connected shoulder rotator cuff that is currently 06/08/2020. The rating decision included my request under evidence (Correspondence, conducted December 8, 2020), which was my request for an effective date change to my original submission on or about Oct 2006. The Department of Veterans Affairs changed the effective date to Jun 8, 2020, however there is no explanation why my request for an earlier date (on or about Oct 2006) based on new evidence was not addressed. 38 CFR states a retroactive evaluation of disability resulting from injury subsequently service connected based on the new evidence from the service department and must be supported adequately by medical evidence. New medical evidence (MRI) was submitted, and service connection was confirmed based on that new evidence. Additionally, documentation errors in my medical records (04/ 1999, 09/17/1999) while on active duty shows injury to my left shoulder when in fact it was my right shoulder. I requested a records correction through the VA to amend my records to reflect my right shoulder injury. This evidence was not previously part of the actual record before agency adjudicators in 2007 or subsequent reviews. In accordance with 38 CFR 3.156 C, I’m requesting the effective date of my right shoulder service-connected disability be changed to the date of my original submission on or about Oct 2006 . In my opinion the new evidence raises a reasonable doubt, andthe decision should be resolved in my favor. Furthermore, the date of my right shoulder injury should be back dated to my original service-connected disability submission (Oct 2006) and any pay be retroactive if my overall rating changed in that period to present. I believe this request should be considered due to the possibility the VA C&P exam failed to property diagnose my shoulder injury during my C&P 11/2006. Additionally, if an MRI were performed at that time it is likely the damage would have been shown. I also submitted my original claim well within the 1-year time frame from my exit from the service.
  2. I was recently awarded 20% service connected disability for right shoulder rotator cuff tendonitis. My MRI shows I have interstitial tearing of the supraspinatus tendon with moderate tenderness of the supraspinatus with a posterior superior labral tear and some initial tearing of the intra-articular biceps tendon as well as mild degenerative changes of the glenohumeral joint and the AC joint. My question is should I submit a separate claim for tearing of the intra-articular biceps tendon or the other injuries or are they all covered under the tendinitis. Your assistance is greatly appreciated. Rick
  3. Sorry this is a little long, but want to make sure I covered everything. I filed an appeal for my right shoulder in October 2020 from denial in 2007 and just received a 20% service connection. I retired in 2006 and my exam was in November 2006 and I submitted claims for several disabilities. The VA denied me service connected shoulder pain because they said there was only one mention in my medical records. I had several X-rays over the years and was told no damage was seen on X-rays so I just continued to pop 800 mil ibuprofen and continued with the pain until I couldn’t take it anymore. My friend suggested I talk to my PCM and request an MRI. My PCM made me go to physical therapy first which didn’t help and finally scheduled me for an MRI and low and behold rotator cuff injury was clearly diagnosed, but the VA used the effective date as 10/29/20. While my claim was under review I was looking through my active duty medical records to see if the VA may have overlooked something and found several medical documentation errors. Specifically, I injuried my right shoulder in 1999 while spiking the volleyball and was seen several times, however the doctor documented that it was my left shoulder. Well I’m right handed and guarantee couldn’t spike a ball left handed. Does anyone have recommendations about what I should do proceed? Should I let it go or file a egregious mistake in my records which my have given me my service connection in my original submission in 2007 and if approved should I receive back pay if it changed my over all rating? Appreciate any recommendations or help anyone can provide. v/r Rick
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