Usmc Retired

[dougbo1943]

I retired in 1981. I have 10% Fracture, right great toe wit traumatic arthritis, 0% Bilateral hig frequency hearing lost and 0% left medial meniscetomy. This was given Feb 1982. I was dumb and did not appeal. I never went back to the VA untill Oct. 2000

I my right great toe got so bad I had to get it fused in 1993. Since I have been going back to the VA here in Dallas they have found gout, more hearing lost, degenerative arthritis in both knees, and my right foot inversion. I also have aqquired hammer toes on my right foot.

The hammer toes and foot inversion is due to the way I walk to protect my great toe. I also want to call my right knee secondnary to my right foot problem.

Any advise you can provide is greatly appreciated.

Gunny

[Angela]

Gunny,

It seems to me that you're dental injuries claim should be Reconsidered, rather than Reopened. 38 CFR 3.156(c and 3.400 (q) (2) cover situations where, after the vets claim is denied and final (over a year old), service medical records are received that weren't at the VA for the original decision.

You can Re-open, and your decision will be dated as of now. Once you win that one, you can ask for an earlier effective date back to the date you originally filed. But, if you ask for reconsideration instead, they have to back-date the decision to when you originally filed for service connection. Seems to me this would result in the same decision but not take nearly as much time waiting for decisions.

You might want to read some VBA decisions on the 3.156(c . Here are a couple of links to get you started.

http://www.va.gov/vetapp97/files4/9735384.txt

http://www.va.gov/vetapp05/files3/0515885.txt

Someone here will know which would be more to your advantage.

Good luck Gunny and welcome to HADIT.

Angela

Edited September 17, 2006 by Angela

[Berta]

Angela- JStacy posted the newest reg too on newly discovered service records.----RIN 2900 AM15 which might apply to this vet and many out there-

I forgot what the topic was called-not too far down the list-

this is a great reg- it could help many vets get more retro-

it is not published yet in 38 CFR-I dont think- but if I am wrong JStacy will correct me and give us the 38 citation- he has great ability to find the new info out as to new regs-and he gave us this beauty about a week ago.

[RockyA1911]

Gunny,

A Marine Corps machine gunner is not MOS 0311. MOS 0311 is Infantry Rifleman. A machine gunner's MOS is 0331.......I was one.

Semper Fi!!!

RockyA

[dougbo1943]

I sent for a copy of my C file on 9/18/06 and received a form letter on 9/25/06 that says "We are taking action to obtain and review the file and provide the copies requested". I thought that it was a quick reponse. I hope the C file is as quick.

RockyA

You are correct about the MOS for machine gunner being 0331. I had not thought about it since 1964.

Gunny

[dougbo1943]

Surprise; Surprise. My C file showed up today. That is 9 days from the day I mailed the Letter of request.

NOW I will spend a lot of time in it.

Gunny

[john999]

I was told at the VA that when you are once service connected everything else you ask for is a reopened claim. I was SC'ed in 1971 and then filed what I thought was a new claim for DMII in 2004.