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In 1989 or 1990 I applied for comensation for pain in my neck, knees and ankles. The claim was denied because "nothing in my medical record supported the claim". I did not receiv a exal/exam xrays nothing. Last year I had to have surgery for worsening pain to my left ankle that caused a limp. The doctor thought she was just going to "clean out the joint". However she found and repaired a 10mm tear. Now keep in mind that I was in the 82nd airborne and made several jumps , the only thing in my medical record is complaints of sprained/twisted ankle. Can I now after 20 years re-open the claim wioth the new findings?



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  • HadIt.com Elder

You can reopen a claim at any time Michael.

You will need a "nexus". A Dr's statement that the inservice sprain, "more likely than not", caused the 10mm tear you currently have.

The Dr will need to review your c-file & your service records & make a comment that they did so. Medical science needs to back up the statement.

If the Dr's is a specialist it will help your claim get through faster.

If you have not requested a complete copy of your C-file and service records, you should do this now.

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Since your claim was previously denied, you must have new and material evidence. New is material that has not been reviewed before and material means it applies to your current case. Because your claim was likely denied under Not Well Grounded the medical evidence need to show of timeline of degeneration. The magic words are, "it is as least likely as not" to meet reasonable doubt.

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  • HadIt.com Elder

Not as long as you have new evidence to open the claim with.

Get that Dr's letter supporting your claim.

Try to have everything you can together and attach it to a letter listing all the pages your sending in. Send it in a "return, receipt requested" large envelope. Don't forget to sign it & make copies for your records in case they, loose/shred it & you have to send it in again.

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