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Denied Claim
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jstone1950
I submitted a claim to be reopened in January of this year on issues that were claimed in 1994. I received a denial letter August 27th of this year. In this letter, VA states that this is a new claim for benefits; whereas this claim specifically states that it is an attempt to reopen a previous claim. The issues were gastroenteritis and stress/depression. VA stated that they denied the gastroenteritis because my condition was not considered chronic, though I had been treated at least three times while on active duty beginning in Vietnam over a period of six years because of flare-ups. I submitted information from a Gastrointestinal Specialists indicating evidence of the gastrointeritis. They also denied the issue of stress/depression. I submitted VA medical records indicating a diagnosis of major depression. They responded that I was being treated for a dysthymic disorder and have a past medical history of depression, anxiety and stress and no service treatment records show no treatment or diagnosis of these conditions. While in Vietnam and also I submitted the service records indicating such, I was diagnosed with tension headaches and also in 1976 while on active duty, I was diagnosed as a remote depressant. It seems to me that VA just conveniently ignore what is submitted in support or otherwise just say anything to deny your claim with glaring evidence. My question is how many times should you have been seen in the military for an issue to be considered chronic and what are my options when VA erroneously indicates that my service records shows no treatment or diagnosis of a condition even when the evidence is submitted. Additionally, do you think I should get an attorney for my case.
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