The Va Told Me About My Current Conditions Years Ago

[cowgirl]

Years ago, the VA recognized and discussed a few specific conditions that I have claims in for today. I was combing the fine details late this AM and there it was. These conditions I didnt apply for at the time, however the VA brought them to light and decided against them at that time. Question, - when I add this historical research to appeal/additional information for support - how is it viewed? Could the VA interpet its earlier validation of a condition as "more likely than not" for a current claim? Thanks. cg

[Guest elizabeth]

Years ago, the VA recognized and discussed a few specific conditions that I have claims in for today. I was combing the fine details late this AM and there it was. These conditions I didnt apply for at the time, however the VA brought them to light and decided against them at that time. Question, - when I add this historical research to appeal/additional information for support - how is it viewed? Could the VA interpet its earlier validation of a condition as "more likely than not" for a current claim? Thanks. cg

If va knew of your specific conditions and denied i would apply duty to assist and benifit of doubt as for historical event what would that be? my husband was on the uss wasp the night it sunk the houson so thst event is listed he;s100% PTSD ELIZABETH

[Guest DON20906]

If I read your post correctly, VA did what they were supposed to and adjudicated inferred claims that you did not specifically ask for. Then they denied them and you did not appeal. Those issues are now final and you need new and material evidence to get them reopened.

That liberalization of the law is a two-edged sword, because VA has preempted those issues. Duty to assist does not apply because the onus is on you to get the new and material evidence to show the issues should be reopened. Once VA has concluded that you have presented new and material evidence sufficient to reopen the issues, THEN the duty to assist operates. The benefit-of-doubt principle will not apply until the evidence in front of the Rating VSR is in equipoise (50-50 for and against).

If va knew of your specific conditions and denied i would apply duty to assist and benifit of doubt as for historical event what would that be? my husband was on the uss wasp the night it sunk the houson so thst event is listed he;s100% PTSD ELIZABETH

[Berta]

Don is absolutely correct- I didnt mean to be critical this AM at another post Don made-

I think it is OK if we disagree and then discuss something-

He gives excellent advise and maybe the way he has stated this will clear up this issue.

This certainly is NOT as previously suggested a potential CUE claim-based on DTA and Benefit of Doubt.

[Guest DON20906]

Thanks. There is one correction. If the new and material evidence is not submitted with the claim to reopen, VA will send a VCAA letter asking for the evidence. If the N&M is not recieved by the end of the 60 day response period, VA will close the claim administratively.

Don is absolutely correct- I didnt mean to be critical this AM at another post Don made-

I think it is OK if we disagree and then discuss something-

He gives excellent advise and maybe the way he has stated this will clear up this issue.

This certainly is NOT as previously suggested a potential CUE claim-based on DTA and Benefit of Doubt.

[Guest DON20906]

Cowgirl:

Look and see what the basis of the denial was. If it was lack of evidence of a current condition and you now have a current diagnosis, that is plenty to reopen. Doesn't matter how long ago the denial was.

Thanks. There is one correction. If the new and material evidence is not submitted with the claim to reopen, VA will send a VCAA letter asking for the evidence. If the N&M is not recieved by the end of the 60 day response period, VA will close the claim administratively.

[cowgirl]

Thanks for the feedback. I truly believe I am outside the window of CUE for the old denied claims and will stick to my current efforts.I will have to see how it goes.

1. I now have my C file and copy of my original claims, appeals, approvals and denials. I am going to make heads or tails of it one way or another. I am in the fast 60 day window for one claim just now.

2. For now, I am working a couple of claims (one VCAA letter and a appeal for the other). Now I have more specific information to back up both claims, I will be careful to read and re-read the data, try to list it as detailed and clearly as possible.

3.The way I see it I have historical and current confirmation of a couple associated diagnosis's spanning more than 10 years then to now. I did appeal for some things and got connected; however I didn't appeal for the issues the VA brought to light for me. Lack of support in understanding all the process I guess.

4.If I get it right now, with my current appeals and information gathering: I have to feed back old and current diagnosis information to the VA, highlight tab and flag it alot. Am I correct? I will prepare it the best I can before I go through my SO, however, want to make it fly very well even then.

THanks Berta/Don; I have been nervewracked but want to keep my path straight. sounding it out here in the forum helps validate my efforts and support successes for all needy veterans! Yours, cg