Done wit this Posted January 29, 2008 Share Posted January 29, 2008 (edited) Riovet I sent the Original Denied Decision from 1997 that states without SMRs from time claimed that service connection must be denied With that I sent the Service Medical Records Not used in that decision and I sent the Regs-On New and material Evidence 38CFR,part3 sec 3.156 their rules their regs Its in front of them they should have to follow them The % thing is probably going to take longer but my EED should be cut and dry , So yes I sent new evidence old Evidence newly submitted that they did not follow their regs to give me an earlyer Effective Date Thanks To Berta and Josephine I had these brought to my attention Months ago and knew the rules and regs and had them at my disposal for use --- God bless Hadit -- and Berta and Josephine and this whole system of help. Macool Edited January 29, 2008 by macool Link to comment Share on other sites More sharing options...
Done wit this Posted January 29, 2008 Share Posted January 29, 2008 Yep- I would say however evidence, evidence, evidence- Rick- I had to file a NOD on my recon on my CUE- they had definitely started working on it-filed the claim in 2004- but the NOD year was almost up- and they sent me a DRO request review form for it- so I attached more evidence to the NOD and also to the DRO review form. Our RO (Buffalo) color codes NODs so they can tell when a year has passed and then they start working on NODs over a year old. This Scares Me maybe I will do the NOD in July Link to comment Share on other sites More sharing options...
roivett Posted January 29, 2008 Share Posted January 29, 2008 Macool wrote: "This Scares Me maybe I will do the NOD in July " Macool, no need to be too worried. Like Berta suggested, evidence, evidence, evidence. Plus in "reconsideration" time, you have some time before panic. Keep reading these forums and listen to the folks that know how to get things done. There are plenty of them here. Good Luck. Link to comment Share on other sites More sharing options...
HadIt.com Elder cowgirl Posted January 30, 2008 HadIt.com Elder Share Posted January 30, 2008 Mc Cool, do I get the impression you had other SMR information as new information to be considered? or did the VA not have your SMRs to make a decision with? Thanks, just researching trying to get it together here. best to ya, cg Riovet I sent the Original Denied Decision from 1997 that states without SMRs from time claimed that service connection must be denied With that I sent the Service Medical Records Not used in that decision and I sent the Regs-On New and material Evidence 38CFR,part3 sec 3.156 their rules their regs Its in front of them they should have to follow them The % thing is probably going to take longer but my EED should be cut and dry , So yes I sent new evidence old Evidence newly submitted that they did not follow their regs to give me an earlyer Effective Date Thanks To Berta and Josephine I had these brought to my attention Months ago and knew the rules and regs and had them at my disposal for use --- God bless Hadit -- and Berta and Josephine and this whole system of help. Macool Link to comment Share on other sites More sharing options...
Done wit this Posted January 30, 2008 Share Posted January 30, 2008 Cowgirl, The Va did not have the SMR's to make the decision with in 1997, It was denied for that.Personaly I think they had them and just did not use them to make the decision.I Received them in 2006 and submitted them so I could get my service connection,The VA just paid me from when I submitted them in 2006.Not from my Original file date in 1994.So I in turn did what you have read in my past posts here on this thread. Reveiw your C-file is an understatement I was to new at this to do it when I first filed, with age comes experience. Not that I am old But getting screwed over by the VA gets Old -- LOL Macool Link to comment Share on other sites More sharing options...
Berta Posted January 30, 2008 Share Posted January 30, 2008 Rick-the director of our former POA was replaced a month after I filed OGC complaint on them. Dont know why- just that the Gov (the director is political appointment) announced a new new director on Veterans DAy- I sure emailed the Governor's office after they did not seem to heed my complaints- that I would file complaint with the OGC. Regardless of why he is gone- things will HAVE to change there now-he was part of the problem. PS- I am glad you didnt need to go the CUE route Rick- we sure are 'neighbors' and yet I didnt have the time to really help you when that all came up----was overwhelmed here- I think this way is the best bet- and I hope others will consider using that reg on newly discovered SMRs too. Has the Buff RO acknowledged your reconsideration request? Link to comment Share on other sites More sharing options...
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