Open Claim

[mrsfootball]

I was hurt in 1969-frostbite-spent 1mo at Chelsea navel hospital in bos. ets in 71 filed for disability late 71 sc for 10% from nov-71 to jan 72 when they claimed it was getting better lost the 10% filed a appeal had it denied. filed a 4th claim in 1981 the va never made a decision. today im now 70% and have a nod in dated back to 2012 do I have to file for a earlier date or is it assumed back to 81 be cause they never made a decision on it back in 81. I was still 0% in 81 thanks

[Philip Rogers]

If the VA failed to process a claim, and it's in your c-file, that claim remains open with the claim date being the date it was filed. So yes, the date should be 1981.

Just hope they didn't "lose" the 1981 claim!!! They sometimes (frequently) do that. jmo

pr

[mrsfootball]

would the claim be at the 0% or my current rate of 70%

[Berta]

If that was a SC "0" and SC 10% ,and the frostbite residuals are now solely what the 70% is for , VA would have to do a Fenderson rating.

Meaning if that claim is still open ( yippee to that) they would have to determine staged ratings since 1981 for the frostbite residuals.

[FormerMember]

That's exactly how I won my 1994 EED. They denied. I filed a NOD with new evidence. It sat there growing dust for 14 years. I won in 07 and then won the earlier date via 38 CFR 3.156(b) and 38 CFR 19.29. The claim ain't over until the fat lady sings. VA hates to do these old ones and they'll fight you with defective, gomer logic all the way to the CAVC until they see you are not going to piss on the fire and call in the dogs. I just helped a gal back in Florida (she followed my book recipe loosely) win her CUE claim back to 74. VA is now trying to do the lollipop trick with no lolli (0%). It will be a long, protracted Fenderson battle that will probably go up to the CAVC. The important thing is to get inside the wire. It can be done. I'm prooF.

a

clear prop

[Navy04]

All great advice as stated above. My VSO told me last year that I would not be granted 100% as I was just medically retired at 80% SC. In less than 7 months I was granted 100% VA, and approved for SSDI. God Bless and good luck. Keep us posted