grent Posted November 16, 2008 Share Posted November 16, 2008 i was just awarded 100% scheduler i had filed a claim in 86 the va never did any thing then in 2008 the rest of my medical records were located my question is does the va have to immediately open the 86 claim and pay me retro to 2001 the date of my first award i saved the 86 claim with the varo stamp? what will happen my nso has requested a dro but a friens of mine said screw that get the nso to take the lost files and the prior claim up to the va and tell them to pay the missing records include the stuff i asked for in 86 they never did anything with the 86 claim i dont want to wait long time for a dro hearing thx Link to comment Share on other sites More sharing options...
hurryupnwait Posted November 16, 2008 Share Posted November 16, 2008 i was just awarded 100% scheduler i had filed a claim in 86 the va never did any thing then in 2008 the rest of my medical records were located my question is does the va have to immediately open the 86 claim and pay me retro to 2001 the date of my first award i saved the 86 claim with the varo stamp? what will happen my nso has requested a dro but a friens of mine said screw that get the nso to take the lost files and the prior claim up to the va and tell them to pay the missing records include the stuff i asked for in 86 they never did anything with the 86 claim i dont want to wait long time for a dro hearing thx Grent Did you get a decision in 1986? What do you mean they didn't do anything? Paul Link to comment Share on other sites More sharing options...
HadIt.com Elder Josephine Posted November 16, 2008 HadIt.com Elder Share Posted November 16, 2008 Please read the few paragraphs from my BVA Claim. I filed in 1992 and was denied. I re-filed again in 2001 and again was denied. In 2004, I acquired my own Psychiaric Records and my claim was re-opened to the first filing date. I was also paid retro back to first filing date. In this case, the evidence received since the RO's June 1992 denial of service connection for chronic anxiety with nervousness includes some duplicate copies of previously considered treatment records. Such records were considered in the previous denial and are not new and material. Also added to the claims file since the previous 1992 denial were additional service treatment records not previously of record and private and VA treatment records which show continued treatment for psychiatric complaints. The service treatment records are new in that they reflect inservice treatment for psychiatric symptoms which were determined to preclude further military service. These documents include inservice assessments as to the veteran's psychiatric complaints. This evidence is considered new in that it contains information that was not considered at the time of the 1992 decision, and it is material because it purports to show treatment for psychiatric disability during service which was not objectively shown by the evidence previously. Similarly, also considered new and material are numerous private and VA examiners' opinions (as summarized in the "factual background" portion of this decision below) regarding the etiology of the veteran's psychiatric condition. As these medical opinions, for and against the veteran's claim, were not previously of record, they are also considered to be new and material. As the appellant has submitted new and material evidence, her claim is reopened. Betty Link to comment Share on other sites More sharing options...
mobie16r Posted November 16, 2008 Share Posted November 16, 2008 (edited) Grent,could you give a little more information on what happen in 1986.Was your claim denied? Did VA response back to you?Was you awarded a 100% for the disability,in 2003 that you file for in 1986? mobie Edited November 16, 2008 by mobie16r Link to comment Share on other sites More sharing options...
In Memoriam Stretch Posted November 17, 2008 In Memoriam Share Posted November 17, 2008 The CAVC court did not come into existence until 1987. Link to comment Share on other sites More sharing options...
grent Posted November 21, 2008 Author Share Posted November 21, 2008 Grent Did you get a decision in 1986? What do you mean they didn't do anything? Paul no i did not get any thing in 07 we had a dro hearing then after the va produces a letter claiming they set me asking for info i never saw or get that letter friend of mine says since the lost records have just been found va has to re-open the claim based 38 CFR 3.156 jim strickland got me a private lawyer so ill see what happens here Link to comment Share on other sites More sharing options...
HadIt.com Elder cowgirl Posted November 21, 2008 HadIt.com Elder Share Posted November 21, 2008 Grent, good on the 100% and question regards earlier effective date (EED). It depends on the conditions claimed then and now. Is the 100% for the same issue(s) originally claimed? Do you have a copy of your C file up to now? The C file has everything that the VA has on your claims. If you have had any other medical treatment with the VA, get a copy of those VA produced records also. Were the medical records found Service Medical Records? Sure glad for ya there. Another thing, proof of residency for where you resided when the VA said they sent your letter may help. I was stunned with my first claim denial for compensation and care for chronic health issues. Va response was simple and read 'not well grounded' and gave no other information. Bottom line, I was floored and took the claim denial as final. Sure the appeal note was in the envelope, but I didnt understand I had to take control. Betty and Hadit inspires me to this day to carry on. Depressed for years, I am now proactive in getting whats due veterans and their families from the Veterans VA. Hope your ship comes in considering the decades of worry you've had. A lawyer seems the right idea. Jim S. is a Good Guy! Best to ya, Cg'up Ino i did not get any thing in 07 we had a dro hearing then after the va produces a letter claiming they set me asking for info i never saw or get that letter friend of mine says since the lost records have just been found va has to re-open the claim based 38 CFR 3.156 jim strickland got me a private lawyer so ill see what happens here Link to comment Share on other sites More sharing options...
Question
grent
i was just awarded 100% scheduler
i had filed a claim in 86 the va never did any thing
then in 2008 the rest of my medical records were located
my question is does the va have to immediately open the 86 claim and pay me retro to 2001 the date of my first
award i saved the 86 claim with the varo stamp?
what will happen my nso has requested a dro but a friens of mine said screw that get the nso to take the lost files and
the prior claim up to the va and tell them to pay
the missing records include the stuff i asked for in 86 they never did anything with the 86 claim
i dont want to wait long time for a dro hearing thx
Link to comment
Share on other sites
Top Posters For This Question
2
1
1
1
Popular Days
Nov 16
4
Nov 21
2
Nov 17
1
Top Posters For This Question
grent 2 posts
mobie16r 1 post
Josephine 1 post
hurryupnwait 1 post
Popular Days
Nov 16 2008
4 posts
Nov 21 2008
2 posts
Nov 17 2008
1 post
6 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now