Early Effective Date For Anemia

[Reddit]

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

Reddit

VARO.doc

[Berta]

That sounds like they considered 38 CFR 3.156© and we did a show at SVR last night, archived soon, in part on this regulation as well I did a follow post here in claims research on that regulation today.

But I am getting lost here.

Can you scan and attach here the last letter you received from the VA on the anemia claim ?

(Cover personal identifying stuff)

"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."

It might be . What is the formal status of your appeal or are you going to reopen the claim with this as new and material evidence to support consideration of 38 CFR 3.156 ©?

[Reddit]

The appeal came back in 1998, and filed for increased in 2004, 2008 and 2010.

In 20004, was hospitalize when it was time for the C&P, so called and they rescheduled, but due to been sick for months, didn't get another appointment.

2008 was told the anemia was in remission, and 2010 the same.

After the hysterectomy the anemia went into remission

Reddit.

I am going to try and post the decison and base from 1998.

Decision from 1999.

DECISION FROM December 1999.doc

[Berta]

If you feel you have New and material;evidence that would warrant a reopen of your claim, and/or you have SMRs that they did not consider in the past,you can try for a higher rating then SC '0' at time of the past decision.

This might be enough to reopen under 'new and material evidence.':

"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."

"2008 was told the anemia was in remission, and 2010 the same."

You aren't seeking a higher current rating so it is difficult to really advise except for what I already posted.

You received VCAA letters on these claims that should have stated what evidence they needed.

If the VA says they still don't have the missing SMRs, go to the NARA site where you can obtain them via the SF 180 on line, as maybe the entire SMRs are still there or have been sent back to NARA after their last decision.

[Reddit]

Ok Bertha, Here is a update on the missining SMR's. Ok i have gotten oficial notice that they do not have and no one else have SMR from 1993-1997. They do not have exit physical but do have entrance physical.

I have my C-file, and this is what is going on now but do not know what to do.

I didn't file for Anemia( don't know why) but anyway they found the Anemia when i had my initial exam (first C&P) exam. So, that is why i wasn't ask about the anemia at the C&P exam, because when they got the result back, the exam was over, and they had no SMR. So when they did get a copy of what i had, and did my rating they just service connect me for what was found in those treatment records and what the examier had diagnosis. they only service connect what was in the records that they located. SO, since the records and examier had ; migraines, anemia, gerd, sinuis and anemia that is what they serivce connected me . So, that is probably why they said if records was found.

so, the anemia was not talk about at the C& exam so i am going to ask for a DRO review.,