Prior Claim

[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

[hurryupnwait]

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

[Josephine]

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

[mobie16r]

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

[Stretch]

The CAVC court did not come into existence until 1987.

[grent]

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

[cowgirl]

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

I

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