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I Think I Found The Way Into The System! (I Hope). Please Read

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OK, so after reading this board and another one that I won't promote here for two days straight (literary), I think I found a solution to my problem. (Re-opening my lower back & numbness of left hallux denied back in 08 without NOD)

Here are the quick facts (read my other two posts if you need more details plz, don't want to beat a dead horse).

In 2008, I was MEB Boarded under VA Code 5271 (Limitation of Motion with Deltoid Ligament Repair) 20% following Airborne injury.

While out processing, a lady told me to fill out a form listing everything I wanted to claim with VA: so I put lower back pain, right/left knee pains/ numbness of my left toe.

I ETS from service June 18,2008. The VA RECEIVED my claim on Feb 20th as stated on the award letter. On the award letter DATED July 22th, 2008, they approved my ankle claim (remember MEB Board 20%...) WITH AN EFFECTIVE DATE of JUNE 19th, but denied everything else stating "we determined that the following conditions was not related to your military service, so service connection couldn't be established".

OK, so I get on Ebenefits and noticed the following:

Details on your Compensation claim received on 6/19/2008 (my award letter says feb 20th)

  • Regional Office of Jurisdiction: Atlanta
  • Status: Closed
    Where Should You Send What We Need?
    Department of Veterans Affairs
    Atlanta Regional Office
    PO Box 100021
    Decatur, GA 30031

    • chronic left ankle pain
    • lower back
    • (((((((missing numbness of left hallux, left/right knee conditions?)))))

What Have We Done?

Items Date Opened Suspense Date Follow-up Dates

Requested service treatment records. 6/26/2008 10/24/2008

So, they requested my service treatment records on 6/26 (but my effective day for my ankle is 6/19…with everything else denied, at this point I haven't been to any VA hospitals either). Although I don't know what a suspense date is, it is blank, as well as follow-up dates.

So, do you guys think that they made their decisions without having my service records and/or my MED Board paperwork as well? If they did not, can I reopen it using N&M or CUE or anything else since they didn't consider my srv records to begin with? What do you guys think? Or am I getting excited over nothing…I have been going to the VA hospital and my numbness in the toes and lower back pain is WELL documented (both in my srv records, medical board, and VA medical records) so I can prove its an ongoing issue...

PS. I would like to point out that on Ebenefits, there is a claim called "administrative review" but when I click it is basically the same stuff as I pasted above..Showing the same dates…is this important?

PS. For those wondering if I have the Bases and Reasoning for the claim…I don't…, never got it in the mail, never seen it. All I have is the notification letter they sent me after I call and asked them. I file a FOIA on 3/16/2011 and still on Phase 1 on ebenefits in an attempt to get the bases and reasoning part.

ALSO, I can post the award letter, or any other paperwork that might clear things up if need be...

Edited by cojolio
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I was hoping that your reason and bases were in this packet but you may have to take a trip to the local VARO. Sometimes it helps by going there to pick a copy up and getting it for yourself instead of waiting for them to send it to you.

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  • HadIt.com Elder

I see a few possible potential errors. You need to view your c-file and get a complete copy of this correspondence. The decision generally includes additional correspondence. This is just the letter explaining the decision. The decision doesn't seem to be included. The decision should include a list of evidence & the reasons and bases, just to name a couple. I believe a failure to list the reasons and bases is a CUE and makes the decision invalid. Additionally you should get a copy of what's called the "blue sheet," which has the diagnostic codes and percentages awarded, including NSC conditions. jmo

Generally, the VA notifies the claimant, via the VCAA, of what is needed and to submit any additional evidence within the next 30 days and if nothing is received within 30 days they will make a decision, based on the evidence of record. They should make a subsequent decision when additional evidence is received, after the original decision, but rarely, if ever, do.


Airborne, all the way!

Edited by Philip Rogers
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