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

[RockyA1911]

The VA must have passed on bad information to you John999. I have been service connected since 1976. I have a copy of my C-File and there is an automated form "Checklist for Compensation Development". At the top it lists all conditions claimed and to the right of each one there are columns labeled New, Increase, Secondary, and Reopen. All of the columns have checked "New" except for Residual Concussion and it has Increase next to it. Never trust the VA, go to CFR 38 yourself and here is what it says:

Subpart A_Pension, Compensation, and Dependency and Indemnity

Compensation

Sec. 3.160 Status of claims.

The following definitions are applicable to claims for pension,

compensation, and dependency and indemnity compensation.

(a) Informal claim. See Sec. 3.155.

(:D Original claim. An initial formal application on a form

prescribed by the Secretary. (See Sec. Sec. 3.151, 3.152).

© Pending claim. An application, formal or informal, which has not been finally adjudicated.

(d) Finally adjudicated claim. An application, formal or informal,

which has been allowed or disallowed by the agency of original

jurisdiction, the action having become final by the expiration of 1 year after the date of notice of an award or disallowance, or by denial on appellate review, whichever is the earlier. (See Sec. Sec. 20.1103 and 20.1104 of this chapter.)

(e) Reopened claim. Any application for a benefit received after

final disallowance of an earlier claim, or any application based on

additional evidence or a request for a personal hearing submitted more

than 90 days following notification to the appellant of the

certification of an appeal and transfer of applicable records to the

Board of Veterans Appeals which was not considered by the Board in its

decision and was referred to the agency of original jurisdiction for

consideration as provided in Sec. 20.1304(:D(1) of this chapter.

(Authority: 38 U.S.C. 501)

(f) Claim for increase. Any application for an increase in rate of a benefit being paid under a current award, or for resumption of payments previously discontinued.

[27 FR 11887, Dec. 1, 1962, as amended at 31 FR 12056, Sept. 15, 1966;

55 FR 20148, May 15, 1990; 58 FR 32445, June 10, 1993]