Duty To Assist Development

[BMCS00]

I was reading over my rating decision letter, which is dated April 17, 2001. Several of the items I put in claims for service connection were deferred.

Under the 'analysis' heading for each deferred item, it says The issue of compensation for left foot pain is deferred for the following information: duty to assist development."

What does that mean, 'duty to assist development'. The claim is clearly beyond a year old. Does this leave the door open for me to submit new information and, if rated, be backdated to the date of my initial claim? I'm really not clear on what they mean by duty to assist development. I do know some new regs came into effect back then concerning duty to assist, but it was all new to me. Was the onus on me to be in touch with the VA about the deferred items, or should I have heard from the VA? I goofed and did not use a service organization for my initial claim ... but did on my 2nd go-'round last year.

I've had ongoing care in many of the deferred items, so I certainly do have 'new information' to submit. If anyone can shed some light or offer an opinion, I'm all ears.

Thanks,

--Jim

Life is good!

[BMCS00]

Jim ... you asked

Do you think it would be retroactive to my original effective date of 01 October 2000? Hmmm ... if successful, that could be quite a chunk of change. B) [

If in fact the VA deferred the other items on your original claim, and they did not..send you the VCAA letter. Then the deferred items will continue with the date of the original claim. If you are eventually awarded service connection. There is still the possibility that they can deny those deferred conditions. Or award service connected at "0" which would be no monetary gain.

Are you sure you never recieved any follow-up correspondence from the VA? I'm understand there is a reminder system for such things. If you haven't received anything since 2001/02. They really dropped the ball on your claim.

Good Luck I hope you get the retro. B)

Thanks, I no recollection of anything after the decision letter in April 2001. My memory isn't that great, and I imagine if they did send it to me, it will be brought to my attention early on. I'm hoping my DAV officer can get some verification on that for me before too much time is spent on processing my claim.

Aside from the deferred items, I have 3 separate diagnosis' of plantar faciitis. I also had asymptomatic pes planus on my entry physical in 1977, and again in 1978. After several weeks of boot camp I have entries in my medical record about foot pain. Throughout the course of my career I have several more entries concerning my feet (plantar faciitis, foot pain), orthotics prescribed several times. Bilateral foot pain was one of the deferred items. I know I don't have pes planus acquired, but I do have a condition that was aggravated by my service. I have had continued medical care for it since retirement. So I think fits the requirements for service-connected aggravation of a condition. Since it was asymptomatic at the time of entry, I'm thinking there shouldn't or may not need to be a deduction, since there were no symptoms of trouble with my feet ... am I on track? I can't stand for more than 10 or 15 minutes without the need to sit down and relieve the load on my feet. The pain caused by DDD in my L4-L5 & L5-S1 region also limits my ability to work. Put the two together and the only thing I'm able to do is operate the remote for my tv from the only piece of furniture that I can be comfortable in - my recliner. I think I'll put in for IU this time around. I haven't been able to work since May 07, being on my feet for 5 to 7 hours a day part time, I was a wreck that night and he next day. I'm done now.

Thanks,

--Jim

Life is good!

[BMCS00]

I wish I could edit my last post ... what I meant to say is that I have no recollection ... of receiving anything from the VA ... after the decision letter ...

I said my memory is bad, but it's not that bad! B)

Thanks, I no recollection of anything after the decision letter in April 2001.

--Jim

Life is good!

[Ricky]

BM I guess my meds were rocking when I replied. I mis-read your post and did not even notice the dang date of the claim. If you received the rating decision at that time something is wrong. You need to track this issue and determine if you did or did not receive any follow-on correspondence from the VA then we can go from there. I am really sorry to confuse you my friend. It just goes to show that even I can make a mistake. Let us know about the follow-on correspondence.

[Pete53]

Get a copy or go look at your "C" File for God's sake

[BMCS00]

Get a copy or go look at your "C" File for God's sake

Pete/Rick,

I stopped by the records department this past Friday to get a look at my records. Is that where my "C File" is? I had to make an appointment (the guy was using a blank appointment book). I have to be there again next week, but he couldn't book me until the 23rd ... again, blank book, but that's okay, I'll play along. It's the only way I'll know what they actually used to make my rating decisions, and whether my new information is not cumulative or redundant.

By the way what's the difference between cumulative and redundant. It seems as though using both words is a redundancy in itself. But somewhere is says that new information can be submitted provided it's not cumulative or redundant. Hmmm

Anyway, thanks for both of yours advice. Once I got my rating in 2000, I shelved everything and tried to get on with my life. Many things have changed over the years and I find myself reviewing now what I should have done back then. I didn't know what any of it meant or what I should do with it. It's my fault for that ... and now I'm picking up the pieces.

--Jim

Life is good!

[Guest jangrin]

BMCS00,

If you have an appointment to see the C-file, I would recommend that you call your VSO (if you have one) and see either he/she can be present when you review the file or if he/she can arrange for someone from that organization be there with you during your review.

You will not be left alone with the file and you may feel rushed by the clerk who is present.Also the VSO's are used to looking through file for VCAA forms etc. It might be a good idea to have some help on that day.

Just an idea.-Jangrin