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Unclaimed Disabilities

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vern2

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vern2 Proficient

vern2

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I was surprised last year when I got my notice to go to c & p exam, that some of my contentions were new to me! It appears that per M21-1MR, Part IV, Subpart ii, Chapter 2, section A, that the VA has the right to consider solicting a claim for other chronic, unclaimed disabilities noted in the STRs per the M21 noted above. The M21 further states that the VARO is supposed to send a letter to veteran along with a VA form 21-4138. This was not done in my case and only heard about these new contentions one week before the exam. I am appealing this, as VA did not follow procedure. Does anyone have any experience with this type of action on the part of the VA? The big unclaimed disability, heart disease as noted on tests done 5 months after came off AD was ignored, of course. I have since claimed this disability!

Vern2

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Chuck75 Grand Master

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What exactly are you appealing? No decision was made, according to your statement.

The VA can decide to investigate any "evidence" of unclaimed issues, as part of the "duty to assist".

This gives both the VA and the veteran an additional opportunity.

On the VA side, there is a chance that they can forestall a future claim or so.

On the veteran side, the VA may approve a claim that the veteran didn't know they had.

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vern2 Proficient

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Sorry, been at hospital with wife. I think the VA is/was trying to stop any future claim in those unlisted contentions. The VA, as I stated did not even tell me ahead of time, so am suspicious. The contentions were denied, and on appeal, though finding it hard to appeal a contention that I had no evidence submitted for the claim. I am having to appeal under failure in duty to assist, as I do have evidence, just never thought to file a claim for headaches caused by hypertension.

Vern 2

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