Reg's Provide That A Report Of A Va Exam. Will Be Accepted

[lu12]

For benefits if the report relates toa disability which may establish entitlements to compensation benefits. 38 C.R.F. 3.157(a). could it be apply base on de novo basis.

Ex: If you in 2007 on a C&P examination for Depression and both Elbows complaint of cervical and shoulders pain and discomfort could you claim entitlement to s-c for for the last two conditions effective on the 2007 C&P examination even if that examination were not related to them.

Or then can you claim s-c base on a new claim a year after but claimed an effective date for service connection base on the previous C&P that was not related to your new physical conditions?

lu12

[Wings]

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The only suggestion I would make at this point in time is to re-write your "Substantive Appeal" with proper spelling and punctuation. I would also state the reasons WHY your effective date(s) should be 1996 or 1998; point to the evidence of record that shows you filed a claim on such a date. ~Wings

[Ricky]

I agree with Wings. Also keep in mind that the reg that allows med records as an informal claim only pertains to already service connected disabilities in which you provide evidence or compliant of an increase in the disability. The already service connected disability can be currently 0 percent or 80 percent. The only hard and fast rule is that it must be already a service connected disability and you must indicate that the effects of the disability has increased in intensity.

Repeating myself here, but as Wings stated your only recourse here is to scream "foul on the VA" and provide the evidence and arguments that they VA was in possession of a claim in 1996. Looks like you have the evidence in hand but I would recontact this service organization or service officer for any other evidence they may have plus demand that they write a statement in support of your claim stating that on this date they received your intent to file a claim for the stated disability and THEY DID. It may take some time but it is winnable for from your last post it looks like they did make a mistake. Good luck.