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Reopening Of Claims

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dougbo1943

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I met with the TVC yesterday located at the Dallas VA hosiptal. After talking with them I felt that they would be a good choice to use. They have put the below items in work after reviewing my C file.

1. Asked for an increase in the 3 already SC items.

2. Put in for tinnitus, right foot all toes hammer toes due to service connected great toe, rh knee

and rh foot and lower back due to due to nerve damage due to rh toe.

3. Reopen to SC for dental truama and PTSD

All the above are well docemented in VA medical records and all but PTSD relates to Service medical record.

TVC said I should have went in a long time ago.

Thanks to Hadit members for your information and help so I final did something to get the ball rolling.

Gunny

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  • HadIt.com Elder

Gunny,

To re-open your claim for your dental condition and PTSD, you'll need "New and Material" evidence. This means that you need evidence that the VA was unaware of atthe time of their previous decision and evidence that bare directly on the facy of why the previuos claim was denied. You'll need to look at the old rating decisions to see why they denied those claim in the past.

If you are already service-connected for your great toe (I assume this is is the one on your right foot?), I'm not sure you'll be able to obain a secondary rating for the right foot because of it bieng the same bodily etoliogy. You may need to check into that one.

For your right knee and back claim as secondary to your nerve damage to your right toe, you'll need an IMO from a doctor to support this claim.

"All the above are well docemented in VA medical records and all but PTSD relates to Service medical record"

If your claimed secondary conditions are noted in your VAMC records, that will help, but as stated above you'll need an IMO. In order for your PTSD claim to prevail, you'll need a current diagnosis of it and proof of an inservice stressor or any combat awards, such as the CIB or Purple Hearts ect... From what you have previuoly stated, it looks like you were already denied once for the PTSD. Take a look at the VA's previous rating decision to see what you'll need to be successful.

Vike 17

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I had an appointment today at Dallas VA mental health. Spent an hour and forty-five minutes with the Doctor. She made a diagnosis of PTSD and put me on meds.

In my last post I made an error and said I was reopening claims for Dental truama and PTSD. I should have said Dental Truama was reopened. The PTSD is a new claim.

Due to the good advise of HADIT I am working on getting IMO's for knees and nerve damage.

I have received the form letter from VA that states they have received by claim and action on mine will be delayed due to the great number of claims they are working.

Gunny

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