Charles V. Shenseki (Fed.cir.2009)

[ketchup56]

I think i might be due an eed back to jan.1983 . I filed a claim for my back disability in 1983 while at out processing from service. At the same time i filed the claim after turning over all medical/personnel records, when time came for my medical exam, i was informed that a medical exam would NOT be performed due to they the(army) had misplaced my medical records. Exit Exam was never provided. Went on with my life, with this bad back for all these years up until apr.2010 when i filed the same claim again, claiming the same disability. BTW claim was/is for aggravation of my back, which had it's initial injury before service.(how convenient for records to come up missing). I ordered a copy of my c-file in 2010, and low and behold there it was, the original claim application dated 1/24/1983 with an end product code established by the vba as ep code110 still active and pending. Also there was, the medical determination made by the medical examiner that an exit exam would not be performed due to missing medical records.(seems to me all the more reason to give an exam you think). Anyway's the claim filed in 2010 is now at bva been remanded to the amc and back to bva awaiting review by the vlj. Idiot's at the regional level can"t seem to grasp the fact that the burden is on them to disprove NO aggravation of a pre existing condition that was noted clearly on my entrance exam physical sf 88 that i provided.(seems really onerous on the governments part considering no service medical records to form a baseline of disability). There was no final adjudication on the original claim filed in 1983, no notifications to me about a status,exam nothing, it just sat there all these years until i submitted the claim again in 2010 which since then has been given an end product ep code 020.(reopened claim). Came across this CHARLES V. SHENSEKI and i believe this decision would apply in my situation. I also researched vba end product codes and if i'm interperting this correctly this claim should have an effective date back to 1983. Need some of the.. HADIT wisdom on this and it is kindly appreciated in advance......... JOEL

[broncovet]

Ask Nod has graciously given you some in depth, detailed analysis, and I suggest Ketchup read and reread his analysis. Since It likewise applies to me, rest assured I will be reviewing this analysis with interest.

In short, the VA can not get away with blowing off your claim iff (iff is a computer programmers abbreviation that means If and only if) you call them on it upon appeal. Expect them, however, to try to get away with it because many Vets simply do not know better) You are entitled to a decision, you are also entiltled to appealate rights, such as SOC and SSOC when you submit new and material evidence within a year of your decision. (38 CFR 3.156 B)

[ketchup56]

Asknod, Bronco, John,

Knowledge is Power, and the information/advise that you have provided, is in my case PRICELESS... It is very important to every veteran filing a claim with va to first know what the vba will use against you to TRY to deny..(Get a copy of your c-file) Like i stated in my earlier post i'm not counting on va to do the right thing as far as assigning the CORRECT eed when current appeal is decided at bva, but you can count on me to "NEVER GIVE UP" on this eed deal. It's just to much money involved. NVLSP or Bergmann Moore are my choices for representation if bva fails to do what's right. All i can do is saddle up tight, and enjoy the bva/cavc ride, but at the end of that ride ,oohhhh so sweet....... Asknod, i have not as of yet been to the showroom,it's too early. LOL.. Once again HADIT comes through.........

[leadbelly1981]

I have a similar claim it is listed as: ten year old forgotten claim now in administrative review. Thanks ketchup56 for your input and telling me about your post here. I put a call in to NOVA but am waiting to hear back from them about my claims. Anyone use NOVA legal?

[ketchup56]

Delayed Update:

After the AMC issued me a ssoc further denying claim,the same date they denied claim they put claim in administrative review,established an ep code 930 then returned files to bva. This was in feb.2013.Currently awaiting review from vlj with a feb.2012 docket no. According to Oig ep 930 claims are mainly used for decisions prematurely decided or erroneously cleared and must be when/if claim granted must go back to original date of claim. Ep 930 as of today is still the established ep code. I think the bva caught this and the amc tried to put claim in administrative review while on remand which is illegal.Administrative reviews must be initiated BEFORE any nod/appeals by claiments. So the wait continues.....

[stillhere]

KETCHUP56,

Just a thought have you had or made any attempt in all this to get your congress folks involved. I would think this would be in their best interest to get this settled and reported on the news!

Goodluck to you!

Stillhere

[ArNG11]

OMG. I would get your ducks in a row and prepare for a long fight. However, as many have stated, keep the pressure on. You have the evidence, you have everything you need to make the VA squirm and they will. With the effective date going back so far, man, you will be sitting prettier sipping on a margarita and giving a friendly wave to the crooked VA pukes who do this kind of thing to countless veterans. You have a great case I believe. Bring out the big guns, hire the best attorney, they will smile with the amount of retro involved. Not that money is the issue, however, it does bring a smile to people faces to have some extra security. You have them zeroed in and it is time to call for fire. Don't call fire for effect. Aim to destroy! Bring them hell. They WILL acknowledge the LAW, REGULATIONS, AND E V I D E N C E by shear force my friend, it helps when you have a smoking gun like this to their temple.