Claim Denied Previously

[jbob84]

I was denied every time I filed a claim for a wrist injury that happened while in vietnam. They would always ask for newer info. I didn't know of any newer info then what was in my medical records. I finally found out through a "good" service rep that they wanted me to make copies of my medical records that proved I had injured my wrist in vietnam and send them to them. Will they pay me retro to those initial denied claims ?

[USMC5811]

Each time you were denied previously did they include/state a reason for the denial with the denial letter that was sent to you?

Did you ever have a C&P?

I'm not understanding "newer info" - if they included a reason for the denial perhaps if you copy it and list it here it would help. When I think of "newer info" - I tend to think of present medical treatment or diagnosis for your injured wrist OR medical records of treatment since exit from service till present.

I finally found out through a "good" service rep that they wanted me to make copies of my medical records that proved I had injured my wrist in vietnam and send them to them.

Do you have a copy of your "C" file = the file the VBA has? or do you have a copy of your service medical records? The VA should have obtained copies of your service medical records prior to rating your claim - was the injury noted in your service medical records that you know of = were you treated for the injury to your wrist and was it noted in your service medical records?

If your condition of wrist injury is SC'd (Service connected) at a later date due to newly found/discovered SMR's, then you might be able to get an earlier effective date per 38 CFR 3.156c.

Edited September 6, 2012 by USMC5811

[jbob84]

Sorry I took so long to reply. After I was denied 1/9/1970, this is what the VA wrote----"If you wish to reopen your claim for these conditions you should submit new and material evidence showing that your skin condition has increased in severity, and that your right wrist pains were incurred in or aggravated by military service. No further action will be taken until the above information is received." I told my DAV rep. the VA has all that info in their medical records. This rep. and every rep. until the rep. I talked to in OCT/2011 said they couldn't help me if I didn't have any new info. This last rep. filed my claim OCT/2011 and I had a C&P 2/1/2013.

I do not have my C file. Only a copy of my medical records.

[jbasser]

I would like you to do this for us.

List this in this order.

Original claim filed year

denied year

appealed year

reopened year

denied

year

appealed

year.

If the evidence warranted service conection and it was bogusly denied, then you may be able to go back to day 1. If the evidence was in the governments posession under title 38 cfr 3.156.

JK

[jbob84]

I had a call from VA Services 8 a.m. 2/16/2013 saying I had been approved,but didn't know on what claims ( DMII, PN in both feet-secondary, Chloracne, Right wrist injury ( during x-rays of wrist and hand they found degenerative conditions in the hand that are secondary to my wrist injury--I had to file a supplemental claim for that ), and ED. I have not received a letter yet, but did receive a call from VA Services telling me they deposited my retro and monthly check yesterday 2/19/2013 and to call my bank to make sure it's there. I did and was told it probably would show up tomorrow in my account. I'm really interested to see how my claim was decided. The amount sounds like 60%. I will post the info you asked about as soon as I get my C file. I really appreciate all the info on this site. It helps me understand alot how the VA thinks and mess's with us. My prayers go out to all those who are serving and have served this country. I know my real fight is just starting with the VA and I have a long road ahead of me. I am currently helping a friend of mine who gave up on his claim.