Early Effective Date For Anemia

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tell me what do you all think, do I have a chance at winning this

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VARO.doc

[Berta]

In June 2008 VA examiner found that my April 14, 2004 hysterectomy essentially resolved the Veteran's anemia issues and that her condition is in remission.

“STR (Jun1988-March 1993)”

“The treatment notes indicate that I had complaints of headaches and dizziness during this time.”

Was that noted in 2004?

Can you obtain any buddy statements that you suffered from headaches and dizziness prior to the EED they gave you (which seems really not appropriate here at all)

I dont see where the VA considered this at all:

“I was diagnosed with anemia, have been taking iron pills during service. A prescription forFerrous sulfate tablet three times a day 65mg was May 1997”

When did this prescription stop?

I would use this as evidence to warrant a better EED and anything you can obtain such as buddy statements that show, solely due to the anemia you had symptoms of it prior to their EED that warranted a compensable rating.

I am surprised at the way they determined the rating. Did the VA at any point award SC at “0” prior to the EED they gave you?

You asked:

"tell me what do you all think, do I have a chance at winning this"

In the 1990s the Prodigy Vets BBS on line had a former BVA lawyer Bill Smith, who helped anyone he could with advise as to how to handle their VA claim.

He stated many times, that in his experience working for the BVA, he felt 98- to 99% of all claims could succeed.

I would estimate that a little lower myself.

But still I personally have found that Nothing is impossible with the VA. It just takes getting the right evidence.

Often an IMO is the best way to resolve claims like yours but IMos are costly.

Maybe you could get an estimate from an IMO doctor as to your chances here of getting more retro comp and then weigh their fee against the potential retro .

Also have you searched the BVA for similiar cases regarding anemia to see how the vet either succeeded or why they were denied?

Denied cases at the BVA show us a lot as to what was lacking in the specific claims they denied , and what a similiar claim needs to overcome.

By all means continue to try for a better EED.

[Reddit]

Yes, Berta they did they gave service connect non-compensate. said I was asymaptic and did not mention anything about medication.

C&P exam does not mention anything about anemia. Just said diagnosis Anemia

[Reddit]

Sorry BERTA, I am looking for initial compensate not early effective date. That date is Dec 1997, but O percent compesate

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[Berta]

Thanks, that info changes my advise.

I was stuck on this from the file downloaded here:

"VARO

Reconsideration for Early Effective date with Compensation

Anemia- Diagnostic Code 7700"

When did you receive the last decision?

You had one year in which to file a formal appeal.

A reconsideration request , as I have advised here many times,

if not granted to the veteran's satisfaction with the one year NOD appeal period ,must have a formal NOD filed ,with proof of mailing to the VARO within the one year NOD time frame, otherwise the VA can say the NOD was not timely filed and that claim would be over.

It appeared to me after I had filed a reconsideration request on a CUE denial, that VA was 'working' to resolve the issue. Until I figured out their bizarre SOCs and denials- with no legal basis at all, were just to string me along until I lost my appeal rights.

I filed my formal NOD within days of the NOD year deadline.

The CUE claim was awarded this past January.

What is the staus of your appeal on this, if the NOD was filed in time?

[Reddit]

Thanks, that info changes my advise. I was stuck on this from the file downloaded here: "VARO Reconsideration for Early Effective date with Compensation Anemia- Diagnostic Code 7700" When did you receive the last decision? You had one year in which to file a formal appeal. A reconsideration request , as I have advised here many times, if not granted to the veteran's satisfaction with the one year NOD appeal period ,must have a formal NOD filed ,with proof of mailing to the VARO within the one year NOD time frame, otherwise the VA can say the NOD was not timely filed and that claim would be over. It appeared to me after I had filed a reconsideration request on a CUE denial, that VA was 'working' to resolve the issue. Until I figured out their bizarre SOCs and denials- with no legal basis at all, were just to string me along until I lost my appeal rights. I filed my formal NOD within days of the NOD year deadline. The CUE claim was awarded this past January. What is the staus of your appeal on this, if the NOD was filed in time?

[Reddit]

OK THIS IS WHAT HAPPEN BERTHA AND IT MY HELP SOMEONE.

When i filed my claim in 1997 they denied it then, I appeal. It then came back as serivce connected 0 percent, but stated that they did not have records from sep 1993- thru dec1997. said it theses records are located at a later date will reconsider. well, they said they had them and not they say they don't.

was able to track down a medication order for iron tablets for may 1997. and was wonder will that be enough for records not use in first decison.

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