Jump to content
  • Latest Donations

  • 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
     
  • Ads

  • 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

  • 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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0

Question

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?

Respectfully,

Michael

Share this post


Link to post
Share on other sites

Recommended Posts

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.

Share this post


Link to post
Share on other sites

Ad

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.

Share this post


Link to post
Share on other sites

Does it matter that the claim was denied nearly 20 years ago?

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

If I reopen a claim will they back date the effective date?

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines