•My initial claim for Larynx Operation was submitted March 24 1999.
•The addendum sent with the March 24, 1999 claim is in my VA record and can verify that Larynx Operation is one of the issues I claimed March 24, 1999.
•The St. Petersburg Florida Regional Office had my March 24, 1999 claim for Larynx Operation and other issues for ten years without taking any action.
•After ten years of no action on my March 24, 1999 claim, I submitted another claim September 14, 2009.
•On October 15, 2009 the St. Petersburg Florida Regional Office mailed a notice to me stating they were working on my claim. It listed all the issues I claimed on the September 14, 2009 claim which are the same issues I claimed on the March 24, 1999 claim.
•On January 6, 2010 the St. Petersburg Florida Regional Office mailed a second notice to me, this time stating they had received my claim. This second notice listed the rest of the issues from the March 24, 1999 claim.
•The issues they added are not on the September 14, 2009 claim. They were from my March 24, 1999 claim.
•They had found my initial claim from March 24, 1999.
• Larynx Operation is listed on the initial March 24, 1999 claim and on the September 14, 2011 claim.
•The RATING DECISION of July 29, 2011 backdated all awards (0% and up) to the date I submitted my initial claim (March 24, 1999).
•The July 29, 2011 Rating Decision deferred three issues: Residual of Larynx Operation, Psoriasis Elbows, and Chronic Headaches.
•The above three deferred issues are claimed on my initial claim of March 24, 1999. Residual of Larynx Operation is also on my September 14, 2009 claim.
•The May 9, 2013 Rating Decision awarded 0% for Chronic Headaches backdated to March 24, 1999. The initial date of my claim.
•A deferred issue on the July 29, 2011 rating decision.
• The May 9, 2013 Rating Decision awarded 0% for Psoriasis, Elbows backdated to March 24, 1999. The initial date of my claim.
•A deferred issue on the July 29, 2011 rating decision.
•The May 9, 2013 Rating Decision awarded 10% for Residual of Larynx Operation backdated to September 14, 2009 (A deferred issue on the July 29, 2011 rating decision).
•Larynx Operation is listed on that initial March 24, 1999 claim and on the September 14, 2011 claim.
•The 10% award is given a later effective date (September 14, 2009) than the 0% awards are given (not the date of the initial claim for Larynx Operation).
•The claim for Larynx Operation had never been adjudicated, not until the May 9, 2013 decision.
•The award should be backdated to the date of the initial claim for Larynx Operation, March 24, 1999.
From the outline above, can anyone advise as to whether or not I have a case for appeal.
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KILO 3/5
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