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DC1775

Re-opening Claims With Nod

Question

Hello Friends, I filed a claim in 2002 that was denied. I didn't file a NOD -- but I filed the same claim again in 2005, and it was denied. I filed the same claim in 2008 and it was approved. The first time it was denied in 2002 was due to: "records completely silent". --I gathered more evidence and filed the claim again.--The VA scheduled an outside doctor to examine me, and she said that my claim was service connected. The second time (2005) I was denied was due to: "getting the disability while on TDRL and not while on active duty" --I went through my records and found a copy of my old appt. lists while I was on active duty, that shows all of my mental health appts., along with every medical appt. I had while I was in the Marines. --I also gathered letters from the doctors that treated me while I was active duty..including my primary care doctor who referred me to mental health. Also, one of the counselors I saw while I was on active duty. --The VA ordered another C&P exam and she said my claim was service connected. The third time my claim was denied (2008) was due to: "being continuously treated for this condition prior to military service". ****This time the VA admitted my disability occurred -- admitted the dates it occurred. The ratings officer didn't pay attention to specific dates: I joined when I was 17. The VA admits that I was diagnosed and treated at age 19. I pointed this out to the VA in my NOD -- and they granted my claim. The VA dated my claim back to 2005. I talked to my rep at the DAV and he said that there was a way to re-open my claim from 2002 -- without having had filed a NOD. Can anyone help me understand what I need to do or how to proceed? The DAV explained it to me, but it was a rushed explanation over the phone and I didn't get all of the info. I appreciate any help and advice that anyone can offer! Semper Fi

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