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Ruling On Appeal


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Question

Good afternoon to all:

My question is this and how should I proceed. I file a claim back in 1998 for migraine and sinus and Gerd. i was award 10% for migraine after an appeal in dec 1999, back dated to Decemeber 1997 after i was discharge from the Navy.

In the decisons block, it stated that my service treatment records was use from May 1988 through Sept. 1993, and that my service treatment records for Swp. 1993 through December 1998 could not be located at the time. It states that if treament records are located at a later date the decision will be reconsider and if the outcome is different it will have a early effective date back to the orginal claim.

My question is how do I file a claim for VARO to go back and look at this claim. would this be a clue. i am sure that there would be a different outcome, after they view my entire service record.

Another question, when it say for sinus that you have to have one or two episode per year to get 10%,. do that mean that as long as you have one document for a year that you are entitle to that 10%.

Please help because I know they mess up on my first claim, but I don't know how to worded so they can see it.

Right now I have a claim in for an early effective date for the 10% rating for the sinus because it stated that in my decision that i have a history of sinus at least once a year, but do not have a schedule rating. what does this mean?

I many other question, but just this one first.

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I have to leave so will foocus on this question:

"My question is how do I file a claim for VARO to go back and look at this claim. would this be a clue. i am sure that there would be a different outcome, after they view my entire service record."

My post and the regulation here on Dec 21, 2010 might help you:

. "It states that if treament records are located at a later date the decision will be reconsider and if the outcome is different it will have a early effective date back to the orginal claim." That is correct.

Have you yourself attempted to get them from NARA with a SF 180?

Did you ever apply for Social Security and if so is it possible their office could still have those records?

Have you requested copies of your C file and med recs from the VA?

What you need might be right in the stack.

These have to be separate requests. The C file might contain copies of some med records and the med rec file shuld contain them all.

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I have a statement on my last claim that I file in 2010, that they use my servie treatment record from sep 1993 to December 10,1997. So, to be sure that I had this correct, and they had it correct. 1 called the 1800 ### number to see what treatment record they had on file and they said they had the treatement record from May 1988 to Dec 1997. So, that mean that they have my fulled treatment record.

So my question is now do I go ahead and file a claim for my retro pay and what do I file. Do I file for under newly found treatment records and tell them that they have them or I need to get a copy first and file a clue.

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My question is this and how should I proceed. I file a claim back in 1998 for migraine and sinus and Gerd. i was award 10% for migraine after an appeal in dec 1999, back dated to Decemeber 1997 after i was discharge from the Navy.

When were you discharged ?

You post that you were "awarded 10% for migraines after an appeal in dec 1999".

What about the "sinus and "Gerd", were they part of your appeal in 1999 ?

What exactly did the rating decision state in the Reasons and Bases Section in regards to "sinus" and "Gerd".

Also, what Diagnostic Code are your migraine's rated under ?

In the decisons block, it stated that my service treatment records was use from May 1988 through Sept. 1993, and that my service treatment records for Swp. 1993 through December 1998 could not be located at the time. It states that if treament records are located at a later date the decision will be reconsider and if the outcome is different it will have a early effective date back to the orginal claim.

The regulation you are referring to above is 38 CFR 3.156 © .

Just because some STR's were not of record does not mean at this point, without knowing more information,

that there is entitlement to an earlier effective date or reason for a claim of CUE

My question is how do I file a claim for VARO to go back and look at this claim. would this be a clue. i am sure that there would be a different outcome, after they view my entire service record.

It is necessary to have more information to answer these questions. Please answer the questions above.

Another question, when it say for sinus that you have to have one or two episode per year to get 10%,. do that mean that as long as you have one document for a year that you are entitle to that 10%.

What exactly did the rating decision state in the Reasons and Bases regarding the issue of "sinus".

Right now I have a claim in for an early effective date for the 10% rating for the sinus because it stated that in my decision that i have a history of sinus at least once a year, but do not have a schedule rating. what does this mean?

When did you get "the 10% rating for the sinus" ?

Please post exactly what the rating decision states in the Reasons and Bases Section,that granted 10 % for "sinus".

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Many questions here

"So, that mean that they have my fulled treatment record.

So my question is now do I go ahead and file a claim for my retro pay and what do I file. Do I file for under newly found treatment records and tell them that they have them or I need to get a copy first and file a clue."

AS Carlie said we need more info

"It states that if treament records are located at a later date the decision will be reconsider and if the outcome is different it will have a early effective date back to the orginal claim."

What documentation do you have that shows they do in fact now have these records and that the claim they were based on is still progressing.

Can you scan (cover personal stuff) and attach here the last decision you received?

"Right now I have a claim in for an early effective date for the 10% rating for the sinus because it stated that in my decision that i have a history of sinus at least once a year, but do not have a schedule rating. what does this mean?"

It is hard to interpret that statement without seeing the entire decision.

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