Raters

[Charleese]

Hi everyone,

My husband received a cal from RO asking him if he has anymore information for his 1958 claim for early effective date. He told them NO not at this time.

My question is does this mean if they deny him, and if he gets a hold of more information that he cannot send it to them, even with a NOD?

Also, she said she was giving the file to the raters. Does this mean that he will be getting a percentage rating of some sort out of this claim, or does it mean that he can be denied? If he is going to be denied why pass it on to a rater?

Thanks in advance for your response.

[10thFO]

Charleese,

No here is the skinny side of it. At least they called to see if he had any other info. I don't know why they called, but the fact that he answered no not at this time is good. When did he submit his claim. He has a year from the date that he submitted the claim to supply them with any additional info he has. The more info they have the better. If they come back with a denial then he will have to appeal and that will be a longer process. But if it's denied he will still be able to appeal.

The only time you would have to worry about whether it was new evidence would be if you waited a year after the rating date. Then you'd have to have new evidence that wasn't considered the first time in order to re-open.

The fact that it is at the Rating board just means that the claims team has finished preparations and now it will sit on the ratings desk for a few weeks, couple of months when they will finally rate the claim. Doesn't mean it will be denied or granted. Just means it's still in the process. Good news is they finally got done with the leg work on it, hope you got yours done too. Good luck.

[Charleese]

Charleese,

No here is the skinny side of it. At least they called to see if he had any other info. I don't know why they called, but the fact that he answered no not at this time is good. When did he submit his claim. He has a year from the date that he submitted the claim to supply them with any additional info he has. The more info they have the better. If they come back with a denial then he will have to appeal and that will be a longer process. But if it's denied he will still be able to appeal.

The only time you would have to worry about whether it was new evidence would be if you waited a year after the rating date. Then you'd have to have new evidence that wasn't considered the first time in order to re-open.

The fact that it is at the Rating board just means that the claims team has finished preparations and now it will sit on the ratings desk for a few weeks, couple of months when they will finally rate the claim. Doesn't mean it will be denied or granted. Just means it's still in the process. Good news is they finally got done with the leg work on it, hope you got yours done too. Good luck.

Hi, thanks for your response. What happen is that he has been stating for years in all of his NODs about his 1958 claim but they do not have any record of it because they claim his file burned up in the 1973 fire. It wasn't until April 6th that they sent papers asking for information pertaining to 1958 claim. He sent them the medical records from Lackland Air Force Base which states the doctor who operated on him and the pins that they placed in this knee. It also states that his knee injury was a major operation, etc. We gave the VA all of these medical records on April 14, 2006. When he got out of the service he tried to re-enlist but was denied because of his knee injury. He has been service connected for this knee injury since 1985 with a 0% rating. In 2000 they gave him a 10% rating and because he NODed he now gets 60%. However, he wants them to go back to 1958 when he 1st applied for this injury. He also has given them, medical evidence throughout those years which proves that knee injury is chronic. He's asked them to use Relative Expose and Reasonable Doubt, since original application burned in fire.

Hopes this help you understand a little better.

[10thFO]

Charleese,

I'm a little busy tonight working on some tax information for the gov't. Have to go to court tomorrow, luckily the Commonwealth Asst working on it is a Marine, and is rather understanding with my lawyer about my PTSD issues. Nonetheless. As I have understood so far from my readings of the 38 cfr in order for the claim to be retroactive, it's only going to go back to the date of the first claim filed. You said he's been rated at 0% in 1985, is that the first time he applied for compensation? It is my understanding so far in this mess, that if you file for your service connected conditions within one year of separation, then you could possibly be considered for the retro, I'll take some time tomorrow evening, and this weekend to further study it, because I know one of my buddies father got retro back to 'Nam for his PTSD. At least that is what his son said. Who knows, but if none of the experts here has an answer for you, which i'm sure they will, then I'll let you know what I find if I go back and research that specifically. Right now I'm reading the whold Federal Regulations Manual, and it is so much info, righ tnow I'm pretty much highlighting and writing down things specific to my claim, and taking a mental note of some of the other stuff in there. Man no wonder it is so hard for people to get claims through, I dont' think it's reasonable to ask someone making 30-40K a year in the RO to be experts on this manual. But that's a different point. We'll see what we can do for you. By the way the last post gave a lot more info than your first that will probably illicit some responses.

By chance do you have copies of papers where he was denied for re-entry due to the Knee problem? If so I think that would help alot, and did he just get out on his own, or was he Medical Boarded out for his knee? I suspect from your post that he sucked it up and got out when he was supposed to. Was the first time he applied for benefits or health care in '85? Thanks for being there for him.

[Charleese]

Charleese,

I'm a little busy tonight working on some tax information for the gov't. Have to go to court tomorrow, luckily the Commonwealth Asst working on it is a Marine, and is rather understanding with my lawyer about my PTSD issues. Nonetheless. As I have understood so far from my readings of the 38 cfr in order for the claim to be retroactive, it's only going to go back to the date of the first claim filed. You said he's been rated at 0% in 1985, is that the first time he applied for compensation? It is my understanding so far in this mess, that if you file for your service connected conditions within one year of separation, then you could possibly be considered for the retro, I'll take some time tomorrow evening, and this weekend to further study it, because I know one of my buddies father got retro back to 'Nam for his PTSD. At least that is what his son said. Who knows, but if none of the experts here has an answer for you, which i'm sure they will, then I'll let you know what I find if I go back and research that specifically. Right now I'm reading the whold Federal Regulations Manual, and it is so much info, righ tnow I'm pretty much highlighting and writing down things specific to my claim, and taking a mental note of some of the other stuff in there. Man no wonder it is so hard for people to get claims through, I dont' think it's reasonable to ask someone making 30-40K a year in the RO to be experts on this manual. But that's a different point. We'll see what we can do for you. By the way the last post gave a lot more info than your first that will probably illicit some responses.

By chance do you have copies of papers where he was denied for re-entry due to the Knee problem? If so I think that would help alot, and did he just get out on his own, or was he Medical Boarded out for his knee? I suspect from your post that he sucked it up and got out when he was supposed to. Was the first time he applied for benefits or health care in '85? Thanks for being there for him.

Thanks for your answer.

He originally filed 3 months after he got out of the service in December 1958, after trying to re-enlist. No he doesn't have any papers when it comes to him trying to re-enlist. They would just flat out tell him that because of his knee injury that he could not re-enlist and that he should apply for compensation. Yes he did suck it up and got out when he was supposed to. He filed in Tazewell, VA. During that time a representative from the VA would come to Tazewell to take veterans applications. Things were very bad back during that time and blacks were overlooked. He never heard from the Virginia, VA or any VA concerning his 1958 claim up until April 6, 2006. Therefore, because he never heard from them his claim is still open. He never abandoned this claim and each time he filed a NOD he will tell them this.

Once again we appreciate your helping us with this matter.

Thanks!

[10thFO]

Charleese,

Interesting, I've been through Tazewell a few times, and yes, I can imagine back then it would have been hard for blacks to get help. I'm not so sure it would be easy to get it now. Are you working with an SO yet? If not, I know one that might be able to help. So did they finally contact you guys about this claim from back in '58? If so wow. Alright going back to your original post. I find it hard to believe that his records burned up in the fire. At least his claims anyway. I thought the claims stayed around the VARO. Hmm Let me get back to you on this. You ought to generate a lot of curiosity with this one. Should be some good help around the corner. You still live in Virginia? If so send me a Private message or an e-mail if you can, i live 30 minutes north of Roanoke and am down by the VARO every week in Roanoke. I may be able to help some. Good luck.

[Charleese]

Charleese,

Interesting, I've been through Tazewell a few times, and yes, I can imagine back then it would have been hard for blacks to get help. I'm not so sure it would be easy to get it now. Are you working with an SO yet? If not, I know one that might be able to help. So did they finally contact you guys about this claim from back in '58? If so wow. Alright going back to your original post. I find it hard to believe that his records burned up in the fire. At least his claims anyway. I thought the claims stayed around the VARO. Hmm Let me get back to you on this. You ought to generate a lot of curiosity with this one. Should be some good help around the corner. You still live in Virginia? If so send me a Private message or an e-mail if you can, i live 30 minutes north of Roanoke and am down by the VARO every week in Roanoke. I may be able to help some. Good luck.

Hi, no we do not live in Virginia. My husband moved from there in the 60s and came north. We live in Connecticut. No we do not work with an SO. I have been working my husband's claim. Ever since he went from 0% to 10%, 20% to a total of 60%, he refuses to get an SO. Especially now, since they are looking at his 1958 claim. My husband suffers from depression and has a hard time explaining himself to strangers. He was just recently diagnosed for depression by VA doctor, who stated that he may be suffering from PTSD. We told her that we wanted him to be treated for the depression first to see if that would help before we would consider PTSD. My husband was not in Vietnam, he was in the Korean Conflict/War. I believe he was a parachute rigger, (don't quote me, and I cannot ask him now because this is one of his off days), and they would fly over and he saw a lot of dead bodies in the water. He has flash backs and sees people when no one else can see them. This has been going on for years and I finally got him to keep his appointment with VA physch recently for depression. The VA in Stamford, CT recommended that he see one in West Haven, CT. She gave him medication for treatment and wants him to go to Pain Management classes. As far as his records burning in fire, NPRC and VA both say that they were burnt in fire. If anything this is probably what they will state if they deny him. However, we sent them all his medical records that he got from Lackland Air Force which details his operation and medical condition in 1954, as well as his medical records from private doctors and VA doctors since 1954. He is constantly in chronic pain for left knee injury, as well as diabetes, right knee, left shoulder pain and bilateral carpal tunnel. I have yet to put a claim in for these conditions, which would be secondary conditions, because we are trying to wait and see what they will do with this claim. We don't want anything to hold this claim up. I hope this answers your questions. Thanks!