Evidence Used To Deny Claim

[Charleese]

Hi everyone,

In its denial of my huband's 1958 claim the Evidence cited by RO was from a BVA denial decision and his 1983 application.

The BVA decision dealt with an earlier effective date of a (increase) compensable evaluation from 1983-2000. It had nothing to do with his 1958 claim, because 1958 claim had not been developed yet. Matter of fact his 1958 claim wasn't developed until after this BVA decision was made (this decision was made on November 30, 2005). In this decision BVA remanded 1958 claim to RO for development. RO denied his 1958 claim on June 17, 2006. Am I correct in stating that BVA had no jurisdiction over this claim and that their decision can not be used. Please respond.

Also, his 1983 application was previously considered in establishing service connection for his left knee disability. Shouldn't this application be deemed duplicate evidence. The reason why I am questioning this is because in their denial of his 1958 claim the service medical records that he sent them they state: "The recently submitted copies of your service medical records have been previously considered in establlishing service connection for your left knee disability, and are deemed duplicate evidence. They have no bearing on establishing an earlier effective date as they provide no evidence that you filed a claim with VA, at any time prior to September 9, 1983". If they can use this for service medical records, couldn't the same be said for his 1983 application. Please respond.

Thanks!

Charleese

[Guest frank]

dear veteran,i have never let my claims,out of the ro,hands on form 9, i always check,i do not want a va hearing.however i did sent my file to bva,if you trudt va to send your records ,evidence from va will be missing,bva did respond to me and va to take action,va failed to do so,however my claims are open and i have all need proof,to prove my claims,these claims are from,46-49 52-56,i opened my claim in 1978,the claim has 2 va stamps,on it dated 1978,i put both service terms on that claim,all this was found in 2003,when a person who worked at va sent me my files,va had always stated no records found,well i found them that day,since 2003, i have filed appeals,a lot of people here might not agree with me in your case i would close that claim BUT REOPEN IT UNDER SPECIAL OUTREACH,read about this on ths va home page,scrool down to bottom you will see special outreach,please read it well before you act,but under special outreach,you can open a new claim,even if it was denied by bva,if you open so,you can use new evidence,to wipe out bva decision, i also wroye a topic IF you can handle the truth,you might like to read it hoppy has made a good point,i think as in my case my 1978,is still opened,hoppy i may be wrong but if this claim had no gone to bva would it still be a open claim? if this is a fact special outreach,would give them the right to close the clain and reopen the sane claim with new evidence, frank