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I'm Wondering If I Should Nod This!

jessie0054

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jessie0054 Proficient

jessie0054 3

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Hello:

This morning i was putting away folders on the claim for my son and husband when i came across the decision letter on my son's claim dated Jan 29th 2008 and had a couple questions here.

On March 2006 he filed for service connection for his Blood Cancer [Polycythemia Vera]

On March 20th 2007 he recieved a decision letter giving service connection but only a 0% rating.[He should have recieved a rating of 40% because he has monthly phlebotomies]

On April 24th, 2007 he send a request for a reconsideration in the decision asking them to look again at the evidence that proved he was getting phlebotomies and should be rated at 40% for such. [This was recieved by them on May 11, 2007 ]

Then sometime in Oct 2007 he called about the status of his Claim for reconsideration and they told him they had a claim for and increase in his rate [ Not a reconsideration] he sent back to them on Oct 10th by certified letter with a returned receipt on form 21-4138 a Statement in support of his claim that the information they recieved on May 11,2007 this was a Offical Claim for a reconsideration and was no way a NOD or a request to reopen the claim and that he was well within the NOD period of April 2007. He also resent the offical letter of request for a reconsideration at that time.

Then in Jan 29th 2008 he recieved this decision letter giving him the 40% but only from June 2007, Since in their words his initial phlbetomoies started in May 2007. That's not right!!

His initial treatments of phlebotomies started in March of 2002 to oct 2005 then he when into a stable mode for about a year then was treated at the VAMC in i think July 2006 for a phlebotomy. The about Sept 2006 moved to another state and was without treatment until in November 2006 when he went down at work and passed out and his boss took him to the local hospital ER where a phlebotomy was done.

So do we fight them over this for an earily effective date??

Thanks Jessie

PS sorry to be so long here!!

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rentalguy1 Grand Master

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Yes. NOD for the effective date to be the initial date of claim. Then show them the evidence that states his treatments started years before the claim was filed.

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jessie0054 Proficient

jessie0054 3

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Yes. NOD for the effective date to be the initial date of claim. Then show them the evidence that states his treatments started years before the claim was filed.

Thanks Rentalguy:

I wasn't sure since the VA changed it from a reconsideration claim to a claim for an increase.

I was unhappy that they cheated him out of a year worth of monies!!

Thanks again!!

Jessie

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