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

[cojolio]

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 20^th 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
• Power of Attorney: DISABLED AMERICAN VETERANS
• Status: Closed
  Where Should You Send What We Need?
  Department of Veterans Affairs
  Atlanta Regional Office
  PO Box 100021
  Decatur, GA 30031
  
  
  Contentions
  
  • 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 September 20, 2011 by cojolio

[Philip Rogers]

I agree w/carlie here except on the VSO. I don't recommend using one. I feel it is more probable you've misplaced part the award/letter but giving you the benefit of doubt, I recommend you setup an appointment, to view your c-file in person, as soon as possible. That would probably be quicker than waiting on your FOIA response. jmo

pr

I suggest if you don't have a VSO go visit one.

They should have absolutely no problem in accessing and obtaining

an actual copy of the complete rating decision.

I still have a strong feeling you have a copy and can't locate or identify it.

Without a complete copy of the rating decision - in my opinion, you don't have a

starting point yet.

JMHO

[Philip Rogers]

Sure you can . . . in fact you can whip me, s p a n k me, oh never mind, I'm getting off track. ;-) . . . No, it just seemed out of place. Okay, thanks!

pr

pr,

That's paranoia slipping in on you!

I posted the link for continuity of the issue - I was thinking about

merging the 2 topics but decided it was best to leave them alone.

You offered jbasser the opportunity to give you a little slap -

can I get in on that action : - ?

[carlie]

As for reopening, you don't want to reopen as they assign a new claim date.

You'll want to CUE it and claim that the decision wasn't proper and therefore the claim remains open, also. jmo

pr

pr,

Is there a specific reason you suggest a claim of CUE over 3.156c for earlier effective date ?

All of the things I'm also considering on this one is:

Was the "numbness of left hallux" rolled into a condition that was SC'd ?

OR is it a separate issue OR was it considered and denied and Why ?

IMO if it is actually a separate issue from something that has already been SC'd,

was it claimed ? If it was claimed and denied due to not shown in SMR/STR's (to include MEB evidence)

then why not go with the 3.156c - for earlier effective date - when it does get SC'd ?

I hope I got this communicated OK.

Also, I agree and wouldn't sign a POA with a VSO - but I was thinking he might be able

to visit one and see if they can pull up the Rating Decision - but on second thought they

might require the claimant to sign the POA - so they can legally access the information.

[cojolio]

PR,

I like your idea of going in person and looking at the c-file at the St Petersburg in FL office in person. One more question about it...since I lived in GA and they handle the 08 claim, then I move to FL in 09 and they have handle my PTSD, tinittus, hearing loss claims (all in 2010-2011)...will my c-file contain ALL claims from ALL regional offices? Or going to the FL office will only contain the FL claims, then Ill have to go to the GA to see their c-file etc....? Just making sure the 8 hr drive from Miami to St Petersburg is not gonna be a waste of time...(by not locating any info on my 2008 claim).

I agree w/carlie here except on the VSO. I don't recommend using one. I feel it is more probable you've misplaced part the award/letter but giving you the benefit of doubt, I recommend you setup an appointment, to view your c-file in person, as soon as possible. That would probably be quicker than waiting on your FOIA response. jmo

pr

[cojolio]

Carlie;

I have visited the VSO in miami and the cant see anything on the computer..just the notification letter, but not a rating decision for the 08 claims. One thing you reminded me of that I havent mention is that when I check ebenefits for my 08 claim...it mentions under:

Contentions

• chronic left ankle pain
• lower back

It doesnt say anything about the left hallux numbness.

I just got off the phone with the VA and (again) requested the notification letter from 08, but told me no rating decision on the computer, that I will have to wait the 167 "average" days to process the FIOA in the ST Petersburg office (it has been longer than that though...) and also asked about the numbness and she said she couldnt see a claim for the numbness of left hallux (meaning it was' probably" considered part of my ankle claim? but we wont know until i get the rating decision at some point)...I am more than willing to drive 8 hours north to ST Petersburg to look at my c-file, if it will contain the info from the GA VARO?.....if it helps, I dont have any open claims (except the FIOA request) with the VA...my last claim was just approved on 9/16/2011 for 0% hearing loss by the FL VARO.

Also Carlie, I think that is what my VSO at the VAMC wants to do...open the claim again to established SC (he believes it can be done with the statements from the EMG report and other progress notes) and when/if it does get SC, then fight for an EED...

pr,

Is there a specific reason you suggest a claim of CUE over 3.156c for earlier effective date ?

All of the things I'm also considering on this one is:

Was the "numbness of left hallux" rolled into a condition that was SC'd ?

OR is it a separate issue OR was it considered and denied and Why ?

IMO if it is actually a separate issue from something that has already been SC'd,

was it claimed ? If it was claimed and denied due to not shown in SMR/STR's (to include MEB evidence)

then why not go with the 3.156c - for earlier effective date - when it does get SC'd ?

I hope I got this communicated OK.

Also, I agree and wouldn't sign a POA with a VSO - but I was thinking he might be able

to visit one and see if they can pull up the Rating Decision - but on second thought they

might require the claimant to sign the POA - so they can legally access the information.

Edited September 20, 2011 by cojolio

[carlie]

co and pr,

I just went thru the notification scans again.

The following is shown in the Notification Letter (but there's still no R&B)

"We determined the following conditions was not related to your military service,

so service connection couldn't be granted."

lower back condition

numbness of left hallux

right knee condition

left knee condition

So for me the only question that remains is if the MEB evidence was of record

as the above conditions were obviously denied and not rolled into the grant & evaluation

percentage of degenerative arthritis of the left ankle.

Also, I did not realize until now that the OP is currently under Recoupment of Separation

Severance Pay until Sept 2021 - even tho it has no bearing on the current questions.

I'm editing this to add that if you want to go to ST.Pete VARO to view your c-file you MUST

contact them and get a scheduled time to do so, and I would want it in writing prior to driving

from Miami. This is my VARO and I am positive you will not get to view your c-file there

without it being scheduled prior to your arrival - also it should contain everything from the

Georgia VARO.