Unadjudicated Claim From 1973

[hurryupnwait]

How will the VA handle an unadjudicated claim from 1973?

It is possible that my claim from 1973 is still open.

After filing an NOD in June 1973, they sent me for a C&P exam in Oct, 1973, then I never received a decision letter after that.

Any ideas

[hurryupnwait]

Paul,

Here's an example of what I think Cumulative Evidence would be.

Active Duty SMR:

TMC - # 2

10 Feb 1970

History - XXX fell down flight of stairs 30 minutes ago.

Subjective (S) - XXX states now has headache, neck and shoulder pain.

Objective (O) - XXX has abrasions on left side of face and left shoulder,

14 mm contusion on left side of forehead.

Assessment (A) - XXX has contusion with headache due to muscle tension.

no skull fracture on examination. Pain on palpation of right trapezius.

Plan (P) - R-shoulder X-ray. Rx Robaxin for muscle tension to relieve headache.

Service Member gets Honorable Discharge 20 June 1975

Now as a veteran files claim for headaches 15 Aug 1975

Never hears anything from VA on the claim --- and the claim just sits around somewhere

until -

20 Jan 1980

Vet sends a letter asking - hey VA people, I filed a claim to service connect my headaches on 15 Aug 1975, just two months after my discharge - what's going on - you have never replied to my claim.

VARO C&P Examination

20 March 1980

C&P examiner states - veteran has headaches about 3X per month.

Veteran's outpatient records from private (or VA) primary care provider show veteran

has been RX'd Robaxin muscle relaxed to relieve muscle tension headaches

over 20 times since discharge.

After reviewing SMR's It is my medical opinion that the veterans headaches are

at least as likely as not due to muscle tension from active duty injury on 10 Feb 1970

20 July 1980

Varo grants headaches under Diagnostic Code (DC) 8045 at 10 % SC and provides

effective date of 20 Jan 1980, date of last letter from veteran.

25 July 1980

Veteran now NOD's the effective date and request an effective date of 21 June 1975,

1) An original claim filed within one year of discharge - effective date should be day

following separation.

2) Original claim remained unadjudicated from filing date of 15 Aug 1975

3) Service connection for headaches was granted from C&P examination 20 March 1980

headaches due to muscle tension.

(THIS IS WHAT I SEE AS CUMULATIVE EVIDENCE).

Hope this helps a vet.

If anyone else sees this example of Cumulative Evidence as incorrect please chime in.

carlie

Using this example, then yes the evidence would have been cumulative.

[halos2]

This looks like cumulative evidence as the information proves what has previously been established and concerns the same issues. It is tending to prove the same point/information over again. You have given a progression that has occurred during all these years with your case study.

[carlie]

hurry,

Did you have a VSO in 1973 like DAV - that may have gotten a decision

on the claim ?

carlie

[hurryupnwait]

hurry,

Did you have a VSO in 1973 like DAV - that may have gotten a decision

on the claim ?

carlie

Yes, I had a VSO in 1973, and there is nothing in the claims file that he received a decision letter either.

In my BVA remand letter, it is stated that it appeared to them that no decision letter was sent after the oct exam.

[carlie]

Yes, I had a VSO in 1973, and there is nothing in the claims file that he received a decision letter either.

In my BVA remand letter, it is stated that it appeared to them that no decision letter was sent after the oct exam.

I feel that with this statement, BVA has provided excellent evidence showing the claim

has remained unadjudicated all of these years which should be a basis to grant the ED

back to the 1970's.

jmho,

carlie

[hurryupnwait]

Carlie

I ve reviewed the decision letter of Nov 2007 and in the evidence lists is the Request for Medical Treatment, Dept of the Army, dated Nov 17, 1972. This is the same document I sent them in May, 1973 and then was granted a second examination. This Request is also mentioned in the Reasons for Decision.

Would this be cumulative evidence? It looks like it to me.

This decision granted SC at 10%

Happy Trails

Paul

Hope this helps another vet

Edited October 3, 2008 by hurryupnwait