I Have A Question?

*Bergie* · April 27, 2009

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

Ron Williams · May 13, 2009

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.

RetiredVet · May 30, 2009

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.

jbasser · May 30, 2009

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