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lumbosacral Somewhat Confused
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luvHIM
After coming to Hadit.com, I reviewed all of my claim information and then determined based on the SOC I received in 09/05 to file a new claim.
I initially refiled a claim for a rate increase in 05/2003 (which is pending an appeal) for my SC low back disorder (described as "chronic" lumbosacral strain, awarded 01/17/1979). The first time I filed for an increase was in 02/1979. The claim was closed when I failed to appear for a personal hearing in December 1980.
Okay, moving forward. I re-enlisted into the Army with the above SC from the AF indicated on my enlistment exam. Condition worsened while in the Army. Filed another claim for increase in 1984 (no record of this claim).
Well, like I said, I have been coming here over the past several months and gotten some great information. So, in May 2007 I filed a new claim for condition my 2003 claim was denied. I requested a copy of my C-File. I obtained copies of my Army SMR, which the VARO had indicated "any further search would be futile."
I submitted a claim to re-open the request to entitlement for SC for migraines.
Well, I received a "formal" VCAA letter dated 09/10/07 (the first time) in the history of me filing claims. It indicated that another C&P exam was going to be scheduled, which I went to on 09/27/07.
My real question has to do with the fact that the RO is re-ajudicating on the issue that is on appeal. I was told that they could award the increase while it is still pending an appeal. But I thought if the DRO denied the increase as well the same VARO could not re-ajudicate on the matter.
At any rate, my increase was denied because the rating specialist determined that my low back condition (today) is the result of a new diagnosis- Ankylosing Spondylitis. So, my claim for increase was denied based on that fact. However, VARO never devloped the claim for increase of my sc condition because they got hung up on the "new" condition. VARO is now processing or "working" the new claim and tying everything in together...to include TDIU (for which I was also denied upon reconsideration of my claim in 2004). But I had submitted through my NSO my SSD award in 2005.
Nothing seemed to be happening until I requested a copy of my C-File in May, which I finally did receive 09/17/07. I was wondering if my request for the C-File and obtaining my own Army SMR, after being told any future attempts would be futile, is what has the VARO "working" the claim right now (seemingly so expeditiously)?
Can the VARO go back and award the claim for increase that is currently on appeal?
NSO is suggesting everything looks to be going in my favor, especially with a C&P exam within two weeks of the VCAA notification.
Any comments would be greatly appreciated. I really would like to move on with my life. It has been a long haul already, which I know most of you can appreciate because you've been there or are going through yourselves. Thanks, in advance, for your input.
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