Brian360

Hello, Thanks to the help offered here a couple weeks ago I have now submitted a Supplemental Claim in relation to my original claim denials from when I first got out of the service in 2015 (filed within the first year of separation). My question now is how will this work if they find that I should have been service connected dating back to my separation? For context, I have filed to reopen with recently found STRs on my shoulders, collar bone, and nerve issues related to my hands and wrists. There is a total of 7 reopened claims now pending but they have changed the wording on four to say "Median Nerve Paralysis". C&P exam date is yet to be determined. My question is, if any of these claims are found to be service connected, and dating back to my 2015 separation, how will they determine an appropriate rating for the past 6 years? I did have a C&P exam done initially but the examiner did not have time to cover everything I had claimed (still got denials) and I for the life of me cannot remember if x-rays were taken of my shoulders and/or ROM testing done. I can't see for myself as I do not have my C-File. In short, after the upcoming C&P exam is completed, will the VA use these results for rating purposes going back to 2015 or only from my recent filing date and going forward? How will they determine my rating for the past 6 years if they find I should have been service connected when I got out? I have a feeling I will be given 0%'s retroactively and then given a rating for going forward based on the upcoming exam. My submitted STRs did note pain though. Any insight is much appreciated!

Thank you for more detail broncovet! Do you think that citing section 38 CFR 3.156(a) would be wise to do as well (I am definitely citing c. for Service Dept. Records). I am sure it wouldn't hurt? Also, my VSO is scheduling way out so I am going to fax this Supplemental Claim in tomorrow as I feel this should be pretty cut and dry, after I find a proper fax number that is! I have not submitted any claims myself without their assistance. Do I need to include any other VA Forms besides the 20-0995? I saw a VA Centralized Intake Coversheet online but it is from 2017. I just want to prevent future issues as best I can. I even saw where Supplemental Claims need to be faxed to the original RO that decided the original claim? They sure don't make any of this easy!! Two more questions: 1. Will this Supplemental Claim take my ITF with it that is currently waiting for me to complete from October? 2. Can I file a separate claim for an increase on another service connected condition while this Supplemental is processing, or will they be combined and then cause delays? Thank you all so much for your help! If it weren't for this Forum... I probably would have stopped and lived with my first claims results...

Thanks Brokensoldier244th! So, long story short, just to rehash and get it right as to not waste anyone's time going forward. In my original claim I filed on my painful shoulders - within one year of getting out - both were denied due to the language above, I did NOT appeal within one year after the VA's decision because I just recently found the copies of my STR's showing I DID complain FOUR separate times in service of painful shoulders (even on my exit exam). So, now, it is basically six years later and I want the VA to see that I actually did complain of my painful shoulders numerous times (because their denial says they did NOT see complaints in service). I am not sure what form to use (to file now) or how to spell this out that I actually did complain in service numerous times and here is the proof. I will upload the STRs I just recently found to help them see with dates of complaints in service. Main question, should I file to reopen as a Supplemental Claim with new and material evidence (I am assuming they didn't see, or have these four STRs)? And if approved, and then finally service connected, will I lose the EED with filing as a Supplemental? I don't want to lose the EED if I don't have to? Sorry if I have been confusing! Your input is greatly appreciated!

Thank you both for your responses. I did file this original claim within eight months of separation and it was decided just prior to the one year out mark. So, instead of a CUE it sounds like a Supplemental Claim is the best route to take to reopen these denials (for now) correct? Do you recommend I reference the 38 CFR 3.156 (c) in my statement in support of letter that I will attach? My VSO always frowns upon any "telling" of the VA how to do their job... I had a terrible C&P exam for my first year out of service claims and I can almost guarantee my ROM test then would not warrant a rating of more than 0% for my shoulders, if I did finally receive service connection, because he had me push through the pain for all ROM tests and I didn't know any better at the time. Would they order a new/current C&P do you think? Maybe I could get a 10% pain retro being that is what I always described it as in service (painful shoulders with numbness and tingling)? Actually, I need to check when 10% for "pain" started being allowed, if it was in 2016 or not. Lastly, it says in the original denials that "Service connection is denied because the medical evidence or record fails to show that this disability has been clinically diagnosed". But being my first year out of service did I need a diagnosis on top of the in-service complaints? I do have current x-rays showing degenerative changes now.

**This question may be posted in the wrong section, I apologize if so.** I believe I have a CUE (or multiple) and I need input if I am wrong or if there is another route I need to take? In my first year out of service claim (2016) I claimed "Shoulder Condition" for both of my shoulders separately and "Numbness & Tingling" for both hands. I have recently found copies of my STRs and I found where I complained of shoulder pain four times (including in my exit exam, which also included a complaint of numbness and tingling) and I also found where in 2012 it was written in a periodic health assessment that "Pt has c/c of (L) shoulder pain x 1 year, Pt refer to sick call". So, from 2012 - 2015 I complained of shoulder pain four times in service and then on exit I also complained of tingling and numbness in my hands. Nothing was done as far as treatment goes in service but I complained multiple times. I was denied my VA claims for all four conditions in 2016 with the exact same language for each claim as follows: Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition. We did not find a link between your medical condition and military service. The evidence does not show an event, disease or injury in service. We received your medical evidence which discusses the symptoms of your medical condition. Service connection for left shoulder condition is denied since this condition neither occurred in nor was caused by service. Service connection for left shoulder condition is denied because the medical evidence or record fails to show that this disability has been clinically diagnosed. Is this considered a CUE or what route should I take now that it is five plus years later? It says on the first page of the decision letter that they had my STRs as evidence so they should have seen these conditions complained of, right? But it states in their decision letter for all four conditions that my STRs do not contain complaints for these conditions? So, it appears that they did not see my complaints? My shoulders are much worse now (just had x-rays taken and arthritis was noted in both shoulders at the VA) and the numbness and tingling is still throughout my arms and hands. Thanks for any input or suggestions!

Hello, I have more questions than I can find answers so I thought I would create a post to see if any of these can be answered? I apologize for the length. I have read, read, and read some more on this board for years and I very much appreciate any assistance that can be offered. I will also be donating to support this all-important forum once I can get through this snail-pace of a process! I separated from service almost 6 years ago after 14 years in. I am currently rated at 30% disabled as I received 10% each for tinnitus, hypertension and a metatarsal fracture that occurred in service. I also received 0% connection for chronic thoracic & lumbar strain due to morbid obesity (?!). This grant to service connection dates back to the day after I got out of the service. I am not "morbidly obese" and this really bothers me that they have this described as such. I mean, why would they service connect if it's due to being overweight?? Makes no sense to me. Are they inferring that they are taking responsibility for being so called "obese" as well? We all know that you get kicked out of service if you are outside the physical readiness/weight requirements ... very frustrating and even insulting. The C&P examiner told me that he didn't have time to evaluate everything I had claimed so he didn't even look at some of my claimed issues physically, but I was still denied by the VA regardless as no service connection for some of these unexamined claims. Anyways, the C&P doctor told me to basically push through my discomfort (discomfort was evident) when conducting the range of motion part of my back exam, and he even placed his hand on my back when telling me to push further. I did not know at the time that he was not looking out for my best interests...so my range of motion came back within normal limits. I feel that this was wrong on his part but I did not know at the time, and I am afraid if I did complain about this now that I could risk losing my service connection? My back is in very poor condition from the service. In fact, I was on light duty when I separated because of a back injury I sustained a few months prior to my separation. I do have copies of my STR's and I have numerous complaints of back pain throughout my many years in that nothing was done about as they were just complaints noted, and I do not have the STR from the back injury. I was sent to medical and they shot something into my back and I immediately felt relief but my back has not been the same ever since. My back issues are causing me an excessive amount of lost time at my current job. I just went to the VA at the end of last month as a walk-in because the pain was so much and they took x-rays and named FIVE things wrong with just my lower back. I am now waiting for the VA to send these x-rays to my civilian doctor to have a comprehensive MRI done at the local (non-VA) hospital and then I will go forward from there in deciding how to approach this. The VA doctor "just" said I have facet joint arthritis, but VA radiology noted five things wrong? My first question is how should I proceed with adding these conditions and/or getting an increase from 0%? Does anyone know what "chronic thoracic & lumbar strain" service connection covers? Is it just strains or does it encompass the whole lower and middle back and all associated conditions of these areas? My x-rays from the VA in August of this year report "superior plate wedging at T12, this is age-indeterminate and correlation with physical exam for symptoms of point tenderness would be beneficial (again, I was a walk-in at my local VA clinic that day and the doctor didn't have time to see me...). Multilevel anterior endplate spurring throughout the lumbar spine. Lower lumbar predominant facet anthropathy. Bony neural foraminal narrowing at L5-S1. Mild Vascular Calcification". This was all through x-rays so I am sure an MRI will show more...which I will have done soon. Should I even complain about this C&P doctor at this point almost 6 years later or would I risk losing the service connection? I need to know what they have on my back at the VA that caused the service connection, I do know this. I do not have a copy of the record of my back injury from right before I got out and I am thinking/hoping that they do, but I will not know until I get the C-File. I need my C-File (I know, I should have requested it long ago...I am learning). My main question is, can I request a copy of my C-File while I have an open appeal (on other first year out of service claims -- open since 11/2019) and I also just put in for two new claims at the beginning of this month that are moving fairly quickly. I have heard that requesting your C-File can cause delays and possibly affect open claims and appeals you have on-going...and I of course do not want to cause any kind of a delay. Since my separation I have only filed my initial first year claims and I filed appeal on some of those denials. I have waited all of these years and not done anything more because I was under the presumption that you cannot file any new claims until the appeal is processed and closed. I did though just file two new claims this month once I was informed that presumption was wrong. Lastly, does anyone have any recommendations in how I should proceed with all of these new back findings (and also what becomes of the MRI in a couple of weeks) with regard to my already service connected chronic thoracic & lumbar strain -- due to morbid obesity(!!). New and material evidence to reopen? New individual/separate claims? File for an increase in rating? Secondary's? Or, should I wait until I have my C-File to see what they are basing the back service connection off of? Also, shouldn't thoracic and lumbar be two different conditions/disabilities? Sorry this is an overwhelming amount of information; I am so overwhelmed and discouraged by this whole process...and pushing through constant pain to boot. Any suggestions would be greatly appreciated! Thank you!

Hello, Does anyone know if emails I sent to my wife (from my military email while active duty) and communication we had back and forth relating to my in-service health issues/injuries endured/symptoms and sleep issues I was experiencing count as evidence I can submit with my VA claims for disability? There are many emails going back many years while I was in the service. I just have very limited documentation in my service medical records as I only went to medical when I had no other choice so I thought to ask if these could help connect my claims to service? Thank you for any and all assistance. Brian