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What Happens If You File A Claim For A Disease, And It's Denied, Then Later You Refile And Win?


retiredat44

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What happens if you file a claim for a disease, and it's denied, then later you refile and win?

Example, many years ago I filed for Multiple Sclerosis. I won for chemical exposude, and headaches, and other poblems. I got 50%

I recently filed for for Myotonic Dystrophy, because a VA doctor said it was Dystrophy.

But, at a recent C%P exam, the VA Neurologist saw my MS symptoms clearly (he didn't say it, and I will find out in 60 days..)

I feel it's MS and always have.

If he says it's MS, what happens with my original claim 15 years ago for MS?

I will add a new claim for MS if I have to... just pisses me off that that's what I originally asked for 15 years ago..

I have:

Intention Tremor (shaking for 30 years and more) Involuntary hand, arm, and leg movements.

Lot's of problems with the spine, including surgery for L-4

Extreme fatigue

Very malaised (very sick and nauseas feeling)

Very weak.. muscle fatigue

severe chronic pain for 20 years ( lots of pain all over body (fibromyalgia))

Pancreatic disease and have had severe IBD/IBS for 20 years.

Headaches

Unable to concentrate

Cataracts

Lost the ability to walk for one year and was in wheel chair.

I need a cain because my pain, spine, and balance makes it very hard to walk without falling, loss of balances.. (I have used a cain for 20 years..)

( i think I forgot a few..)

In the service I was treated for tremors, headaches, severe edema, swelling of limbs, and bleeding arms (skin broke open with blood running down arms../ chemical exposure)

hospitalized for stomach issues,, hospitalized with pnumonia.

treated for concussion.

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note: I just found this post, about MS, I suppose it answers some of my questions..

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The entire purpose behind the VA system is to slow approval, and give VA employees a justification for their jobs.

Its all about offer, counter-offer. The process is a form of haggling, and little more than that.

You say yes, I say no, we meet somewhere in the middle.

People, veterans in particular, tend to lose the plot as we prefer to live in a black and white or evil vs good reality...or perception of reality.

What the VA says one day, will NOT be what the VA says the next day.

When its all said and done, the only veterans that "lose" are the ones that stop fighting. So, NEVER GIVE UP, NO MATTER WHAT!

That said, I despise the system as it is, because veterans suffer and most are not savvy enough to pick up on the nuances. If for no other reason that its hard to think clearly when you have an eviction notice in your hand.

If the system does change, it will be when enough of us take the time to report the problems to our respective politicians. It should not be that way, but is it.

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  • HadIt.com Elder

Now, to try to answer your question.

Was the MS claim from 15 years ago, denied? If so, do you have a Statement Of the Case (SOC)

If so, did you file a Notice Of Disagreement (NOD)?

According to how any of these are worded is going to depend on how you answer this case.

NOW, if you did, indeed, have a claim that was denied and you did not, at that time, file an NOD and continue the "fight", then what you have NOW is an opportunity to RE-OPEN this 15 year-old claim, using, and thereby protecting, the ORIGINAL, 15-year old, Earliest-Effective-Date. How you go about this is to simply fill out a VA form 21-4138 "Statement In Support Of Claim" wherein you state that you would like to re-open this denied, old claim because you have NEW and MATERIAL evidence. Then you attach, to this form, the NEW and MATERIAL evidence in the form of the C&P you recently received.

and, then, you wait....................

just sayin'.........

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thanx, that sounds good..at the time my claim was done by the organization Purple Hearts. and was happy because I at least got 50%

but, I could not get the addiitional evidence and was new to the who process.

since then,, I now have more than enough..

I just need for my current claims to play out..

IMHO

thanx.. I appreciate the help!

=======

Now, to try to answer your question.

Was the MS claim from 15 years ago, denied? If so, do you have a Statement Of the Case (SOC)

If so, did you file a Notice Of Disagreement (NOD)?

According to how any of these are worded is going to depend on how you answer this case.

NOW, if you did, indeed, have a claim that was denied and you did not, at that time, file an NOD and continue the "fight", then what you have NOW is an opportunity to RE-OPEN this 15 year-old claim, using, and thereby protecting, the ORIGINAL, 15-year old, Earliest-Effective-Date. How you go about this is to simply fill out a VA form 21-4138 "Statement In Support Of Claim" wherein you state that you would like to re-open this denied, old claim because you have NEW and MATERIAL evidence. Then you attach, to this form, the NEW and MATERIAL evidence in the form of the C&P you recently received.

and, then, you wait....................

just sayin'.........

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