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New And Material Evidence
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free_spirit_etc
Hi Everyone! I've been as busy as heck since school started! We just got a letter from the VA -- I guess it is our letter that is "supposed" to tell us exactly what we need to send to substantiate his claim for lung cancer. However, it mostly just lists "all medical records...pharmacy prescription reports,..etc..etc..
My husband previously applied for SC for lung cancer (under the premise that it STARTED in service..though not diagnosed until 2 years post retirement) --and he included a secondary connection for cancer related to asbestos exposure.
The VA has never addressed the DIRECT connection - and previously denied him for the secondary connection --
Now the letter states:
You were previously denied service connection blah blah blah... On order for us to reopen your claim, we need new and material evidence.
It also sates "in order to be material, the additional evidence must pertain to the reason your claim was previously denied.
Your claim was previously denied because your service medical records do not show any respiratory problems in seervice or exposure to asbestos. Therefore the evidence you submit must relate to this fact."
????????????????
They have failed to acknowledge that we have repeatedly requested that they consider the DIRECT service connection aspect of this claim.
Can they limit the evidence they consider only to those two things?
And it is HARD to send them NEW service medical records --though we can point out AGAIN that his service medical records DO show respiratory problems
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