Ten Year Old Forgotten Claim Now In Administrative Review.

[leadbelly1981]

Hi I served three years in the Army from 2000-03 as a 11c with an honorable discharge. I ets from camp casey korea and had filled a claim during my exit exam for my left knee and left shoulder. Both were approved for tendonitis and i was rated at 20 %. At the time of my exam i also complained of lower back and hip pain on my left side. I belived it was due to my left knee. We were road marching and running a lot in korea, thats what the infantry does. In 2004 when i got my 20% rating for my knee and shoulder the claim for lower back and hip pain were deferred.Fast forward in jan 2013 i went to the county vso and had them help me file for an increase for my shoulder it has continually gotten worse. The claim took a year and at the end i was granted 30%. The weird thing is when i received my rating in the mail the old claims were addressed stating we see that your claims for lower back pain and hip pain in nov 2003 are unreloved sorry for any inconvenience. Online on e benefits the claims for lower back pain and left hip pain just appeared one day and are in administrative review. My question is what do i make of this what do i do?

[Berta]

Asknod, I am sure glad you brought your vastly intelligent take here on all this..

"My suggestion is not to submit one thing until you get an up or down on it".

I agree.....because I assume Leadbelly didnt even get a VCAA letter yet for this claim and I wonder how they will handle that...and whether the VCAA letter will open a cans of worms for the VA or, opens a can of beans

(to echo your sentiments Alex) for their own ability to try to

fart around with the EED.

I think this vet's EED is solid though!

One more thought----

"However, there was no evidence prior to this in the file which could support an earlier effective date. Therefore his effective date for this condition is March 8th."

yeah they could try to pull that but then again, they never adjudicated the claim,.no C & P given , so No VCAA letter I am sure, so

they didnt know if in fact there was any evidence in the file at all when the claim was filed and then ignored.

This claim will be a learning experience for us Leadbelly......and I feel you will succeed and I just read in your other post that they did note these problems in mil prior to your ETS.

Did I understand that you filed the back and hip claim within one year after your discharge?

If so, y0ur EED should be the day after your discharge.

Thanks Alex for popping in here.

Men and women , as you all know, this is a battleground we are on, and many skillful war maneuvers must come from thinking not only out of the box but trying to anticipate the en's next possible movement..

But VA isnt the enemy....for most disabled vets,Time is the enemy.

Geeez I am biting at the bit to see what VA comes up with here........

Edited March 8, 2014 by Berta

[leadbelly1981]

Thank you for the comments you all have vast amounts of knowledge and for that i am thankful and for your willingness to help guidecme. The exam prior to ets is when i brought the issues up the claim date is Sep 8th 2003. I finished my time and ets Nov 20th 2003 and receoved a rating decission dated Feb 13 2004. At that point my hip claim and lower back claim were both deferred for additional development . They said a decision will not be made until we review additional evidence. I never heard from the va on these claims entill the end of 2013 when i received the increase on another claim dated nov 21 2013. In this rating packet the va stated review of my claims folderrevealed these issues are still outstanding. They also state they continue deferral of decissionpending compketion of all development. They also apologize for any inconvenience . I have both of my original rating packets one from 2003 and one from 2013 proving the va dropped the ball and never completed my claims.i was suprissed to see administrative review on ebenefits for my two claims that were mia for a decade.

[Navy04]

Ask and Berta, you are on the money as usual.

[leadbelly1981]

I will be posting all of my va correspondence to date as soon as i figure out how to upload i have all the original award letters on a flash drive.

[Tbird]

leadbelly make a copy first and then on the copy blackout any personal identification information. If you have a scanner there is usually an option to scan and save it as a PDF this would be the best format to upload.

[leadbelly1981]

I will put my ratings on today at 530 pst.

Edited March 11, 2014 by leadbelly1981