Jump to content
  • 0

I Have A Question?


*Bergie*

Question

I am new to this web site I stumbled upon this site by accident this am and have been reading since I'm exstatic that such a sit exists. I've learned more today than ever about c&p, thanks to all of you for the info. I have many questions but will start with this one.

In 1989 or 1990 I filed a claim for ankles, knees, and neck pain. I never received any examination, xrays or anything. Several months later I received a letter denying my claim for " no documentation in my UHR to support the stated claim". I was in the 82nd airborne for 4yrs and made 43 jumps, mind you. In Sep. 08 I had routine surgery on my left ankle because I developed a limp in the morning with alot of pain. The surgeon thought she would simply "clean out the joint" but discovered a 10mm tear. The tear was repaired and she explained that she was surprised that I was not walking with a limp all the time. My UHR listed several "sprained/swisted ankles but nothing else. Can I 20 years later refile this claim based on the surgical discovery, and fact that I received NO medical examination?

Thank you in advance,

Bergie

Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

3 answers to this question

Recommended Posts

I am new to this web site I stumbled upon this site by accident this am and have been reading since I'm exstatic that such a sit exists. I've learned more today than ever about c&p, thanks to all of you for the info. I have many questions but will start with this one.

In 1989 or 1990 I filed a claim for ankles, knees, and neck pain. I never received any examination, xrays or anything. Several months later I received a letter denying my claim for " no documentation in my UHR to support the stated claim". I was in the 82nd airborne for 4yrs and made 43 jumps, mind you. In Sep. 08 I had routine surgery on my left ankle because I developed a limp in the morning with alot of pain. The surgeon thought she would simply "clean out the joint" but discovered a 10mm tear. The tear was repaired and she explained that she was surprised that I was not walking with a limp all the time. My UHR listed several "sprained/swisted ankles but nothing else. Can I 20 years later refile this claim based on the surgical discovery, and fact that I received NO medical examination?

Thank you in advance,

Bergie

Yes, you can file a reopen claim; the issue would be...Whether new and material evidence has been submitted to reopen a claim for service connection for a left ankle, bilateral knee and neck condition to include pain.

You can get a Dr to state that it is highly likely that your left ankle injury incurred on active duty. The Dr must state that you provided him with the history of the event. If you do not have copies of your military medical records, I would suggest that you contact your nearest VARO and submit a letter to the Freedom of Information Act person at the VA and request copies of your medical records. Take the records to a private dr for review and this should help him link the problems that you are having now to what transpired on active duty.

A reopen claim is 2 parts; you must submit evidence to reopen and the new evidence must be sufficient to reopen the claim; something that is not already in the records. During this time, the VA cannot review records that are already in your claims folder concerning your ankle, bilateral knees and neck disabilities.

If the VA considers the new evidence as sufficient, your claim will be reopen and at that time, all the records in your file and be reviewed.

Also, submitting letters from people who you told of this incident can help. Make sure that they just talk about the symptoms; stay away from diagnosing the condition.

If the VA continues to deny your claim, request a formal at the BVA and provide testimony to a Board Member regarding the incident on active duty.

Oh, I can't understand why you were not given an exam when you filed your claim.

Link to comment
Share on other sites

Yes, you can file a reopen claim; the issue would be...Whether new and material evidence has been submitted to reopen a claim for service connection for a left ankle, bilateral knee and neck condition to include pain.

You can get a Dr to state that it is highly likely that your left ankle injury incurred on active duty. The Dr must state that you provided him with the history of the event. If you do not have copies of your military medical records, I would suggest that you contact your nearest VARO and submit a letter to the Freedom of Information Act person at the VA and request copies of your medical records. Take the records to a private dr for review and this should help him link the problems that you are having now to what transpired on active duty.

A reopen claim is 2 parts; you must submit evidence to reopen and the new evidence must be sufficient to reopen the claim; something that is not already in the records. During this time, the VA cannot review records that are already in your claims folder concerning your ankle, bilateral knees and neck disabilities.

If the VA considers the new evidence as sufficient, your claim will be reopen and at that time, all the records in your file and be reviewed.

Also, submitting letters from people who you told of this incident can help. Make sure that they just talk about the symptoms; stay away from diagnosing the condition.

If the VA continues to deny your claim, request a formal at the BVA and provide testimony to a Board Member regarding the incident on active duty.

Oh, I can't understand why you were not given an exam when you filed your claim.

yes new eveidences. i have one rating that was denied out of about 12 and the va says nothign foudn in my record. i have copy of record and reports on this for two years is in my c-file and military records. i never appealed any ratings because they lied to me, as they say now, and said i am not only 100% but also p7t, but they nwo say not p&t just 100%. same condition was documented even by c7p eaxminer and to this day.

seems to me if they say it was not foudn in your recodr before then it is new and materials also. but if they says that then anyhting you give them would eb new and material.

Link to comment
Share on other sites

  • Admin

Bergie, here is an avenue.

Get copies of your SMR's, your former claim, denial, the whole lot.

Read the documents closely. Then find out when the VA received them. During that time frame the Vcaa was not enacted yet and t he RO's were very good at not being able to find records. They waited the time period out and denied the claim.

Again look very closely as something tells me you may have a CUE on your hands.

In addition there was a directive that is now part of the Effective date criteria that deals with service records under new and and material elvidence.

John

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Ads

  • Our picks

    • A few days ago, my attorney sent me this email on a PTSD claim I filed back in 2016 and have appealed to the BVA.  After getting this email, I checked eBenifits & VA.gov and they still read, "waiting to be sent to a law judge".

      "I am reaching out to give an update on your case. We are currently pending a Rating Decision in response to the Board Appeal filed 05/18/21. If you have received any recent VA correspondence, please be sure to inform our office"

      Thank You

       
      • 36 replies
    • Burn Pit Claim Assistance
      The NVLSP launched its Burn Claim Assistance program:  Details at the NVLSP website:

      https://www.nvlsp.org/what-we-do/burn-pits-claims-assistance-program/
      • 0 replies
    • I have a C&P exam scheduled for next week for sleep apnea. I completed an at home sleep study sent by VES. However, I just visited ebenefits and noticed that my claim has been closed before my scheduled exam. Anyone ever experience this?
      • 11 replies
    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 59 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    710%
    $10,656.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines