ptsd Denied Bronchitis 2004 Approved Asthma 2012

[SigBnSoldier]

Two months ago I received my rating decision for PTSD and Asthma. Was awarded 70% PTSD/Bipolar and 30% Asthma, IU/P&T.

In October 2003 I submitted a 7 contention claim that included "bronchitis". The claim was denied one year later without ever having been called to any c&p exams. In the denial for "bronchitis" the reasons says there is no evidence in my service medical records or mention of bronchitis, that my symptoms are asthma and respiratory difficulties from flu like symptoms in my SMR's.

In April 2012 I submitted a claim for PTSD and Asthma, ordered a copy of my C-File for the first time, and there plain as day in my medical records are numerous treatments in service for bronchitis and asthma.

Had a C&P exam in April 2013 for asthma, the c&p doc scratched his head, it was a no brainer to him, the evidence was plain as day in my SMR's and I definitely had continuity evidence in my file as well as current diagnosis.

The ONLY new evidence I submitted with this claim was updated continuity evidence, as well as a single treatment record for an asthma attack at a German hospital which happened a year after I discharged. That being said, the VA treated this claim as a "reopen" claim and approved it easily, but under the diagnosis of Asthma.

My question-

Shouldn't the VA have re characterized the bronchitis claim as Asthma? Do I have grounds for an earlier effective date? The evidence was clear in my SMR's, which the VA did have at the time of the initial denial. Should I file for CUE?

And what will be the repercussions of filing such a CUE on my PTSD rating, will I be reevaluated and possibly lose my P&T even though I was just rated two months ago?

Thank you in advance, hope this post isn't too confusing.

[SigBnSoldier]

So my last question before filing the NOD, is send it in as a DRO review or traditional? I know this is an age old question. I'm just wondering about a DRO's capability to decide a case such as this.

[Guest]

So my last question before filing the NOD, is send it in as a DRO review or traditional? I know this is an age old question. I'm just wondering about a DRO's capability to decide a case such as this.

A DRO has the authority to grant the NOD EED but who Knows what they will and will not do. A DRO appeal is running about seven months to eighteen months and if they deny your NOD then you will have to wait three to five years for a BVA decision. My time line maybe off but I don't think by much. Then again you could get a DRO grant sooner. Think the worst and hope for the best. I have read that DRO reviews maybe a little faster but who knows with VA.

[SigBnSoldier]

I've put together about 75 pages of continuity evidence, spanning 1990-2014, with no real break, both decision letters, denial and grant, and the NOD itself.

Now my question is, this 2012 approval started in Los Angeles, and five months later was brokered to Huntington WV, where they kept my file all the way through rating it. On Ebenefits it showed Huntington as the RO with permanent jurisdiction of my file, but I know that wasn't true.

Today my file is back in Los Angeles, being worked for a new claim filed a month ago.

Where does the NOD go, Huntington or Los Angeles? I sure hope you guys say Huntington, but I don't think you will...

[SigBnSoldier]

Weird happenings one ebenefits yesterday in regards to my appealed decision and CUE. The last few weeks at random times (during RO business hours) I've noticed changes in claim dates. They seem like a glitch and then are corrected twenty minutes later back to the correct date.

So, yesterday, my asthma claim that I won in 2013 and am seeking and EED for, the claim date changed to the original denial date of 2004. It stayed that way for about an hour and then switched back. This date means too much to be a random site error.

Is ebenefits tied to real time RO work?

[SigBnSoldier]

I have two complete copies of my claims file. In the 2004 denial I went over the VCAA notice. There is no election letter. The notice simply states if I don't send more evidence I will be denied.

Also, I never received the VCAA notice (minus election form) because I had sent a 4138 to the VARO a month before they sent it to me stating I was homeless and didn't have an address.

Should I send a note the RO working my EED claim mentioning this? Does it matter?

[SigBnSoldier]

I have two complete copies of my claims file. In the 2004 denial I went over the VCAA notice. There is no election letter. The notice simply states if I don't send more evidence I will be denied.

Also, I never received the VCAA notice (minus election form) because I had sent a 4138 to the VARO a month before they sent it to me stating I was homeless and didn't have an address.

Should I send a note the RO working my EED claim mentioning this? Does it matter?

Anybody?