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oK Here it is. I don't understand but I am trying to.

Okay, I was told they look at your treatment record and your diagnose at that time. let me just run this by everyone.

i file a disability claim for iron deficiency anemia. I have been on medication since basic training. diagnose in basic traing as CHRONIC anemia.

Ok I file my claim for compensation and this is what came back in 1999.

Service medical records show that the veteran was diagnosed with iron deficiency anemia in 1989. (which should have been 1988, when I enter the miltary). This condition is evaulated as 0 percent disabling from December 11, 1997. A noncompensable evaulation is assigned whenever hemoglobin is recorded as 10gm/100 ml or less with no symptomatology.

Service medical records show that the veteran was diagnosed with iron deficiency anemia in 1989. Blood tests in May 1992 revealed hemoglobin of 9.8gm and hematocrit of 30.1 percent. At the May 1998 VA examination, the veteran's hemoglobin was found to be 10gm and her hematocrit was 31.6 percent. The veteran reported no symptoms related to the condition and did not indicate that she was on medication. The examiner diagnosed anemia.

I WAS ON IRON MEDICATION AT THE TIME, and still is on iron medication as of today. but, i know the examier did not as me was i on any medication nor ask me anything about anemia. because he didn't get the blood test done until another time(day)

Now, what do I have here, or do I have nothing.

This C&P was done back in 1998, and everything they did on me has been a mess :rolleyes:

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Are you putting in a new claim? According to your post you have been getting compensated @ 70% since 88 or 97? For Anemia you have not received compensation, right.(noncompensable). So you have always, and continue to take medication for this condition...you did not file an appeal so the only avenue I see is to file a new claim and lab value will be done with a new C&P. BTW what have your lab values been all these years? Low? Therapeutic range or what? In order to evaluate if your current medication is in the range lab values will determine that...so you have been going to a VAMC for what else? If you intend to put in a claim for this the earlier you put in the date of claim for payments if approved is this date. Also are you working? If not did you ever put in for TDIU? Please fill in more concerning the last years since 98...

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Are you putting in a new claim? According to your post you have been getting compensated @ 70% since 88 or 97? For Anemia you have not received compensation, right.(noncompensable). So you have always, and continue to take medication for this condition...you did not file an appeal so the only avenue I see is to file a new claim and lab value will be done with a new C&P. BTW what have your lab values been all these years? Low? Therapeutic range or what? In order to evaluate if your current medication is in the range lab values will determine that...so you have been going to a VAMC for what else? If you intend to put in a claim for this the earlier you put in the date of claim for payments if approved is this date. Also are you working? If not did you ever put in for TDIU? Please fill in more concerning the last years since 98...

I know it seem like I have a lot of question and I do. I just start going through all my claims, and since I have been on this site, I have found out that everything that they did on my first C&P exam was wrong.

At the time in 1998, when I first file my claim, they said they didn't have my medical records. So, I since them a copy and they rate me 10% for migraine and s/c for sinus and gerd, and anemia. I din't know any better, and had a good job didn't have a good va office so, I let it ride.

Then, I file for an increased in 2004, but I was hospitalized and could not make the C&P exam(yes, that long), so, I contact them from my hospital bed and told them that I was hospitalized.. I was hospitalized for 30 days and then anothe 10 days. SO, i guess when they tried to reschedule my appointment, I was still in the hospital.

I finnally got better after 9 months and went back to work. Then the next year, I lost my job.

I got another job and then I file for an increase to my s/c disability and migraine.

i then was award 60% . 50% for migraine, 10%percent for GERD and 0 continue for sinus because it was now at 11.1mg.

Ok , I so, then I start doing research to see what went wrong and that is when I start finding all the things that went wrong.

So, i file for a increase for GERD and sinus and anemia.

I was increased to 70%. 50%percent for migraine, 30% percent for GERD and 10%percent for sinus.

So, now that we have some people at the local va office(working for the state). They now read your present and past claims and try to figure out what went wrong.

I know the first claim was wrong, and a lot of mistake was made. The only thing I was trying to do to see what my angle was, and the right angle., just getting a second opinion., since people have been doing this longer than I have.

See, first for sinus, I had the evidence, it wouldn't have been in the record they hav use because that was volume 1, they on had from 1988 to sep 1993. and the wrote that if the recods was located at a different time they will go back and reconsider this claim. I am not trying to send new up todate evidence, I just want them to go back and look at volume 2 and 3, and redo my first claim. that's all.

Because., I know the evidence in in there. I was sick in quarters over half of my miltary career, I am surprise I, didn't get med-board out.

My anemia on my C&P eam was 10. I only had to be 10 or less., but the doctor said I didn't show any symptoms of anemia. I have been living with anemia for 10 years, while on active duty, know one have every ask me about symptoms of anemia(even though I can tell them this)because i was a hospital corpsman. I have live with anemia so long that it is a way of life for me. take iron pills and try to get plenty of rest, because I get tired easily and I stated that I get dizzy and have headache. But they use this under migraine(i know the difference in migraine and a headache. But i was never question about this., and the doctor didn't ask to much because I hade to be work in, because they forgot to call me and cancel my appointment.

Sorry to vent, just trying to state my point.:rolleyes:

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Did you put in for a reconsideration for them not using all of your records/files? If so when? Do you use a VSO? You might be able to get answers quicker with a VSO who is in the VARO...Mine is across the hall and near the VARO manager. You had better put in your NOD for them wanting to decrease you.

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oK Here it is. I don't understand but I am trying to.

Okay, I was told they look at your treatment record and your diagnose at that time. let me just run this by everyone.

i file a disability claim for iron deficiency anemia. I have been on medication since basic training. diagnose in basic traing as CHRONIC anemia.

Ok I file my claim for compensation and this is what came back in 1999.

Service medical records show that the veteran was diagnosed with iron deficiency anemia in 1989. (which should have been 1988, when I enter the miltary). This condition is evaulated as 0 percent disabling from December 11, 1997. A noncompensable evaulation is assigned whenever hemoglobin is recorded as 10gm/100 ml or less with no symptomatology.

Service medical records show that the veteran was diagnosed with iron deficiency anemia in 1989. Blood tests in May 1992 revealed hemoglobin of 9.8gm and hematocrit of 30.1 percent. At the May 1998 VA examination, the veteran's hemoglobin was found to be 10gm and her hematocrit was 31.6 percent. The veteran reported no symptoms related to the condition and did not indicate that she was on medication. The examiner diagnosed anemia.

I WAS ON IRON MEDICATION AT THE TIME, and still is on iron medication as of today. but, i know the examier did not as me was i on any medication nor ask me anything about anemia. because he didn't get the blood test done until another time(day)

Now, what do I have here, or do I have nothing.

This C&P was done back in 1998, and everything they did on me has been a mess :rolleyes:

Anemia is a presumptive condition for some veterans under 38 CFR 3.309. What condition did you file your original claim for service connection that resulted in V.A. granting a 0% rating for anemia? MedLine Plus has a great article on iron deficiency anemia which lists some of the causes of this problem. You are a female and one of the conditions can be heavy menstrual periods. The article provides a long list of other problems that can cause iron deficiency anemia. Did your service records show dysmenorrhea, an abnormal condition of heavy bleeding? I am asking because this can be one of the causes of iron deficiency anemia and because many women undergo hysterrectomies or other medical procedures to control heavy menstrual bleeding. Do you consume adequate iron in your diet? Iron is found in proteins (meat). Since you have chronic anemia, you may need to be checked out for conditions such as poor absorption of iron by the body, certain types of cancer of the esophagus, colon, stomach, esophogeal varices, peptic ulcer, poor absorption of iron due to celiac disease, Crohn's disease, loss of blood in the urine, etc. I suggest you become familar with the symptoms of each of these conditions and compare those conditions with symptoms you are not having. You need to find out the cause because you need to restore your health. Chronic anemia is a disabling, discouraging condition. One of the things you should also consider doing is looking at the rating schedule in Part 4 of 38 Code of Federal Regulations to make sure that V.A. has rated you correctly on each of your service connected conditions, to see if there are any other medical conditions shown in your service medical records that you should file a claim to service connect, and/or to see if you should file a claim for increase on any of your service-connected conditions. I think you should also request a copy of your service medical records from the National Personnel Records Center in St. Louis, Missouri.

Edited by deltaj
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"If you intend to put in a claim for this the earlier you put in the date of claim for payments if approved is this date. Also are you working? If not did you ever put in for TDIU? Please fill in more concerning the last years since 98... "

If the VA,when they determined the anemia was SC but at a none compensable degree- but they used the wrong diagnosis code or made any other legal error in that decision and the rating should have been at least at 10%-by establshed medical evidence the VA had in their possession (such as records of prescribed Iron)then this could potentially be a basis for a CUE claim.

There is CUE info here in separate forum.

"So, now that we have some people at the local va office(working for the state)" if they are vet reps from yur state's division of Veterans Affairs,they are trained vet reps who can hold your POA and help with any potential CUE.That would be the only way to get a retro date back to the original claim.

CUE claims are hard to succeed on.

Anemia- I had to take iron for anemia for a few years but the anemia resolved long ago- VA will consider whether the condition was current all the years since service if you do file CUE claim.It seems you certainly have had proof of continuous anemia.

I think your chances, as Halos mentioned, would be better if you file instead for TDIU if you are not employed.

When they gave you 70% they made a statement in that decision as to why they denied TDIU consideration.

Much can happen after a TDIU denial that could warrant it in the future. The TDIU form 21-8940 is here and at the VA web site.TDIU is paid at the 100% rate of compensation.

This is unfortunate:

I" WAS ON IRON MEDICATION AT THE TIME, and still is on iron medication as of today. but, i know the examier did not as me was i on any medication nor ask me anything about anemia. because he didn't get the blood test done until another time(day)"

Do you have a copy of the blood test record that shows the time it was done- compared to the time and date of this C & P exam?

"At the time in 1998, when I first file my claim, they said they didn't have my medical records."

It is always possible that they erred in the older decision if they still didnt have ALL of your medical records.And if they didnt have ALL of your SMRs that too could have caused problems.

There is a topic here at hadit under a search about how missing service records that show up years later can also be a way to get a proper retro date if those records would have favorably impacted on a past claim.

Gee I found it quickly on my PC:

"(q) New and material evidence (§3.156) other than service department records —(1) Received within appeal period or prior to appellate decision. The effective date will be as though the former decision had not been rendered. See §§20.1103, 20.1104 and 20.1304(b)(1) of this chapter

Title 38: Pensions, Bonuses, and Veterans' Relief

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PART 3—ADJUDICATION

Section Contents

Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

From 3.400 (q) 2006

AND

§ 3.156   New and material evidence.

top

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

(Authority: 38 U.S.C. 501)

© Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

(Authority: 38 U.S.C. 501(a))Cross References:

Effective dates—general. See §3.400. Correction of military records. See §3.400(g).

[27 FR 11887, Dec. 1, 1962, as amended at 55 FR 20148, May 15, 1990; 55 FR 52275, Dec. 21, 1990; 58 FR 32443, June 10, 1993; 66 FR 45630, Aug. 29, 2001; 71 FR 52457, Sept. 6, 2006]

(q) New and material evidence (§3.156) other than service department records —(1) Received within appeal period or prior to appellate decision. The effective date will be as though the former decision had not been rendered. See §§20.1103, 20.1104 and 20.1304(b)(1) of this chapter

Title 38: Pensions, Bonuses, and Veterans' Relief

Browse Previous | Browse Next

PART 3—ADJUDICATION

Section Contents

Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

From 3.400 (q) 2006

AND

§ 3.156   New and material evidence.

top

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

(Authority: 38 U.S.C. 501)

© Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

(Authority: 38 U.S.C. 501(a))Cross References:

Effective dates—general. See §3.400. Correction of military records. See §3.400(g).

[27 FR 11887, Dec. 1, 1962, as amended at 55 FR 20148, May 15, 1990; 55 FR 52275, Dec. 21, 1990; 58 FR 32443, June 10, 1993; 66 FR 45630, Aug. 29, 2001; 71 FR 52457, Sept. 6, 2006]"

There is no time limit on a CUE claim and that can be considered after you have studied CUE info here,but the TDIU claim would probably bring a faster decision that a CUE claim would.

Do you get SSDI? If so what for? As -if solely for any SC-this is good evidence for TDIU award.

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