My Nod For Forum Review.

[SpcDearman]

Here is what I will be sending on Monday. i want to have the entire weekend for you guys to opine.

TO: Department of Veterans Affairs

This is a Notice of Disagreement with your rating decision dated 11-1-12 which denied my claim for bilateral shoulder, bilateral knee, and lung condition . I request my claim be afforded a de Novo review by a Decision Review Officer and a Statement of Case (SOC) be prepared and forwarded to me. I also hereby request all copies of my Service Medical Records to be used for review by my private physician.

Thank you.

Disgruntled Vet. (ok i might put my real name here lol)

[rdawg]

Here's the way I see it: Any time the VA receives additional evidence, they are required to re-decide the claim, either for or against. Failure to do that is an error in procedure. Once they decide a new year begins.

pr

thanks for the support PR and broncovet who posted a link in this thread stating the same thing.

[Philip Rogers]

I agree w/Carlie, tho, that the main thing to work on is service connection (sc), as w/o it you have nothing. While aiming at the SC, don't fail to keep the original effective date, by missing a deadline or by allowing at any point for the VA to call it a "reopened claim" requiring new and material evidence. jmo

pr

[SpcDearman]

The great thing about all of this is that I have new personal insurance for the first time ever starting tomorrow. I no longer will have to seek delayed and unprofessional service from the North Texas VA hospital in Dallas. I would like to ask should I attempt to find a doctor with orthopedics background or what. i see how hard this has been and want to ensure that everything is done correctly. My clock is counting down and i need to have everything ready once my SMR's (eventually) get here. My claims office is in Waco Texas (about 1.5 hour drive) Is there anyway that I could go there and pick up copies due to my C-File being there?

[SpcDearman]

I have another question and an observation.

Observation: I do believe that the VA has shown their hand to me on how to appeal. The VA stated that i claimed that a tank accident in 1994 is what caused all of my disabilities. This statement is false. I stated that this tank accident AGGRAVATED my shoulder injury due to it already being injured. My denial was based on "did the tank accident in 1994 cause the disability. I know this due to the RO sending another question to the examiner that if it was preexisting could that tank accident have AGGRAVATED an injury. Why would they ask this? Preexisting injuries can be service connected if they are agrravated by military service and it is clear and unmistakable that it is not a natural progression of the disease.

My question: Should I just simply appeal this with documentation from my medical records and entry exam for a preexisting injury?

Please respond for me. Thanks

[jbasser]

Yes they can but remember this one fact: Only to the extent of the aggravation.

For example of the shoulder is rateable at 20 they will lower it to zero or 10 percent because they can.

J

[deanbrt]

" I stated that this tank accident AGGRAVATED my shoulder injury due to it already being injured. My denial was based on "did the tank accident in 1994 cause the disability. I know this due to the RO sending another question to the examiner that if it was preexisting could that tank accident have AGGRAVATED an injury. Why would they ask this? Preexisting injuries can be service connected if they are agrravated by military service and it is clear and unmistakable that it is not a natural progression of the disease."

I see murkiness that may not bode well.