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SANUSCG

Seaman
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  1. Does it matter if I didn't appeal / NOD or pursue the original denied claim? It was denied in 2009 and I didn't put in a supplemental claim till 2020 per the CFR 3.156.c Thank you
  2. I want to make sure I am on the same page. I reopened this original claim and submitted the "new medical military evidence". They awarded me 20% ED date in 2020. So the new medical evidence, was submitted, and is why i received the 20% for the disease, as it was service connected. The question is that I didn't appeal, peruse or NOD the original claim at all during the time I opened the claimed till 2020, when they granted me the 20%. Should i go to the BVA and request the EED back to 2009, when I original submitted the claim, which was submitted within one year of discharge. I am referencing 38 CFR 3.156c. It doesn't state anything about having to of appealed, perused or NOD the original claim, but I may be missing something.
  3. Yes, correct. I found an actual medical record that I was diagnosed with the disease that was not with the original claim. It was a government document / STR. I have not appealed the decision as of yet. The higher level decision, also denied it, don't know why, they didn't discuss that with me, for some reason.
  4. So the VA letter doesn't mention anything about my topical ointments that I am using. The ointments are used on the entire body basically, to help with the dermatitis. Especially on the arms, back, trunk and arms. The VA letter states that a higher evaluation of 60 percent is not warranted for dermatitis or eczema unless the evidence shows constant or near- constant systemic therapy such as corticosteroids or other immunosuppressive drugs required during the past 12 month period. I believe there was a rule change in 2018 that addressed ointments that were used topically to treat the disease would qualify, for the increase. I use the ointments on a daily basis on large area of the body / skin.
  5. So, the VA is my primary care provider, I submitted the list of ointments used on a daily basis for my skin condition (dermatitis), during the C and P exam, so they are well aware of what I am using and how often, they are used, which is daily / constantly for over 2 years now, at the least.
  6. I put in a claim back in 2009, and it was denied, due to no diagnosis of the disease in service. I didn't appeal or follow up on the claim. In 2020 I found new "material evidence" for the disease during my service. The VA approved my claim, that was denied originally and granted me 20% disability for it. Should by effective date of the claim be when I first claimed the disability back in 2009 and not 2020? I put the claim in within 1 year of my separation of service. Both the VA and the higher level reviewed denied the reopen claim. Let us suppose that you left the service on January 1, 1990, and applied for benefits. The VA, however, denied your claim. You did not appeal. Ten years later, however, military service records or military medical records were rediscovered, and you found out that there was evidence of your disability, so you decided to file a new claim on March 1, 2015. If the VA agreed that this new medical evidence justified reopening your case, and you were awarded disability benefits this time, your effective date would be the first time you applied on January 1, 1990, and not when you filed your appeal. You can see the importance of filing as soon as possible for disability benefits when you are either still serving or within a year after you have left the service. If you miss this filing deadline by even one day, it could cost you several months of disability benefits. If you have any questions about your effective date in the situations above, contact a VA-accredited attorney. While Volunteer Service Organizations (VSO) can help in many situations that vets face, figuring out effective dates for VA benefits is probably better done by a VA-accredited attorney.
  7. My complaint is that I used topical medications on a continuous basis, which they didn't address in the decision letter.
  8. I put in an increase for VA compensation for dermatitis from 30 to 60 percent, and it was denied, by them. The letter stated that only 20 to 40 percent of entire body affected. The second part of the 60 percent rating states that you have to have used constant or near constant systemic therapy such as corticosteroids or other immunosuppressive drugs required during the past 12 months. I have used various topical ointment constantly for several years now to treat my dermatitis. Why would they not have rated me at 60 percent Thank you
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