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Nothing New & Material In 2004 Claim To Reopen


Rockhound
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I dropped in to see my SO to see if she had heard anything new on my claim or anything. She has tracked it as far as waiting on a decision from the rating board, in other words, it's sitting on someones desk waitings its turn.

While we were going over possible ways in handleing a possible TBI residual claim, whe showed me a 2004 claim I had filed as a CUE claim, but was looked at like a claim to reopen with new and material evidence. It was denied reopening for nothing new or material to repon with. The only problem, I can't for the life of me remember ever recieveing this deciscion. I only received the affirmative decision on a seperate NSC pension claim.

However, their was the claim decision in my SO's file she showed me and it had the correct address on it. I swear I didn't get anything on this decision other than the NSC claim, How do I know that decision to reopen with was sent? Just because it is in my file, is their any recourse I can persue?

I doubt their is anything I can do, but I would like to hear from those who know more to tell me, I not very trusting of my SO at this point, since I should have heard from them on this claim and I didn't.

Rockhound Rider :angry:

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Find out if she can file a reconsideration. This may be requested from your VSO as it was not reviewed as so requested ie Cue and not new and material evidence claim. They appear to have not done what you asked them to so you should get her to file this. Did you get a SOC with the denial? Keep close tabs on what you receive in a 3 ring binder as Larryj does. Watch your dates and mark them on a calendar.

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  • In Memoriam

This is one of the problems of filing a VBA 21-526 form, for NSC pension. Form differences between VBA 21-526 and VBA 21-527 are at the Hadit link below.

http://www.hadit.com/forums/index.php?show...mp;#entry105085

It's like lets make a deal. VA gives you NSC money and most likely the SC claims will go away (I don't think so).

I don't know if we are talking about the VARO or the BVA. I am assuming that your claims have been BVA, AMC, C&P, and then rating. Maybe your SO was just too busy to send out a copy of the decision.

The Plan seems to be grant the minimum and deny or remand the rest. Find new and material evidence for the reopened claim. Talk to your SO about Filing a reconsideration. Perhaps you had already sent new evidence and this evidence was misplaced or out of time with the claim (not included). It would be nice to know the denial date of the reopen and if new and material evidence was submitted but not included. New and material evidence can be old evidence that was not considered.

If it was a cue, on an already granted decision, there would be no reason to look at it as a reopen. I think I would worry about SC grant first and then latter on the CUE.

I had a reopen on a back claim. The VAMC gave new evidence that it was more than likely SC. The initial claim was in 1977 then 1984. VARO said that the claim was reopened. Over a year later the BVA said that it would reopen the claim after the VARO denial??? The VARO never did deny the reopen. The VARO granted the reopen. It is at the AMC and rating now.

My new and material evidence was my actual service medical records that were misread by the VARO over 20 years ago. Clear and unmistakable error in the VA reading and interpretation. VA tried to minimize the head and teeth injuries years ago (before the CAVC), but the records clearly state the extent of injuries today as it did, back then, right in the medical service records.

When I went to the VA dentist C&P, the Dentist, with several witnesses there, wrote the extent of dental injuries and extractions to be more than 10 teeth. The original VA denial said only two teeth were involved. Putting together the Dental injuries, Nasal injuries, and back injuries shows the extent of total injury which was twisted so long ago in my erroneous VA decision.

Don't get rattled or give up. Keep going...

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