Dash 1B

Got it working! Decision marked "1" is the first decision that granted SC but no earlier effective date because of not near contemporaneous. It also lists military service records (jump log) in the evidence Decision marked "2" is the second decision that denied an earlier effective date because the appeal window was missed. It also does NOT include military service records submitted Dec 2019 and also does not mention CFR 3.156(c) Thank you all for your help! Really wish we could all sit down and have a beer! img-200317222253.pdf img-200317222620.pdf

E-3 Seaman Seaman 0 5 posts Report post Posted 11 hours ago I apologize for not being able to upload the information at the moment. My PC is on the fritz at the moment. The strangest thing happened today. I got back my request for earlier effective date today which was denied. In January 2020 I was awarded SC for both knees. The decision letter stated that an earlier effective date was not warranted because the claim was not near contemporaneous. My doctor wrote a letter refuting this VA finding along with stating that he used my Military Jump Log to aid in his finding that my knee situations are due to my military service which included my parachute jumps. I took this information along with buddy statements and resubmitted for an earlier effective date. Today I received the decision letter which all of my knee conditions were denied citing that the appeal period had expired when the VA received my claim. In essence, the VA used two different reasons on two different letters why I am not entitled to an earlier effective date but not once did the acknowledge CFR 38 3.156(c) along with my DA 1307 Jump Log which was the reason I am filing for an earlier effective date. I did not have my jump log (military service record) at the time I filed in 2010 and that is what CFR 38 3.156(c) states Do you all think I should get an attorney or something? Thanks

I apologize for not being able to upload the information at the moment. My PC is on the fritz at the moment. The strangest thing happened today. I got back my request for earlier effective date today which was denied. In January 2020 I was awarded SC for both knees. The decision letter stated that an earlier effective date was not warranted because the claim was not near contemporaneous. My doctor wrote a letter refuting this VA finding along with stating that he used my Military Jump Log to aid in his finding that my knee situations are due to my military service which included my parachute jumps. I took this information along with buddy statements and resubmitted for an earlier effective date. Today I received the decision letter which all of my knee conditions were denied citing that the appeal period had expired when the VA received my claim. In essence, the VA used two different reasons on two different letters why I am not entitled to an earlier effective date but not once did the acknowledge CFR 38 3.156(c) along with my DA 1307 Jump Log which was the reason I am filing for an earlier effective date. I did not have my jump log (military service record) at the time I filed in 2010 and that is what CFR 38 3.156(c) states Do you all think I should get an attorney or something? Thanks

I really hope things work out for you!

You all are awesome! Thank you so much for any advice! Cannot tell you how much I appreciate it!

Thank you for your response. I have always had arthritis and instability. The limited movement has gotten worse over time. I really appreciate your insight.

Hello fellow vets! I was Airborne throughout my time in the Army. I foolishly drove on through the pain and rarely went to sick call so I had very little information in my medical records. I filed for both knees in 2010 and was denied and CLOSED. After the passing of my grandmother, we were going through some boxes and I found some old army papers. In them was my Jump Log with all my military jumps recorded. I actually took that to my doctor and he wrote a nexus letter for me. I filed the claim and this is what the decision letter stated: Left Knee 40% limitation of extension 30% instability 20% subluxation Right knee 40% " " 30% " " 20% " " The effective date was the date I submitted the claim (at the end of 2019). I put in a Notice Of Disagreement after I found out about CFR 38. 3.156(c) that states if the VA receives military documents that existed and had not been associated with the claim at the time the VA made a decision, then the VA will reconsider that claim. Does anyone have experience with this and can you tell me if I did the right thing? I also want to know how they would compensate for this if I were to win the NOD. I am at 70% now. Thank you!