Failure To Provide Medical Evidence Since Service

[hollyh1344]

The VA requested that I provide medical evidence since service. I failed to do so, so service-connection was denied. I did not appeal in a timely manner. (Stupid, stupid, stupid....I know)

If I successfully re-open the claim and establish service connection, if there any chance of them giving the original claim date as the effective date? Or has that ship long ago sailed?

[marine0816]

Service connection is the most important part. You can always argue effective dates, increases and retro at a later time. You would have to look at CUE to recapture your lost earnings once you get service connection

[Navy04]

I agree with Marine on this one, but in my case I did not want NODs or Appeals, so I just reopened everything and after a few FDCs, they are all going to be granted. Good luck

[Chuck75]

The VA often does this, in spite of the fact that the condition is documented as originating in service.

Without all the details, it's impossible to say if the denial constitutes cue.

Actually, the condition might not require treatment, or treatment would be ineffective.

The VA also seldom follows the "letter of the law".

[Berta]

I agree.

CUE is like the Watergate question:

'what did they know and when did they know it.'

If VA was aware of any private medical records you had, they should have attempted to get them, but from what I see here,

they might have had nothing to try to get and had no choice but to deny.

Hard to say, as Chuck stated, without seeing the denial but that would not matter yet anyhow because the re opened claim for SC would have to succeed before even considering potential CUE in the older denial.

Edited February 23, 2015 by Berta

[hollyh1344]

The conditions that were denied service connected were low back condition, bilateral hip conditions, and bilateral ankle conditions. (I was medically retired for those exact conditions, btw) Basically, most of the pain I was having post service could be controlled with OTC meds, exercise, rest, and lifestyle accommodation. I don't believe I was receiving any medical treatment immediately after service. I would understand if they would rate the conditions around 10%, due to the lack of severity, but I believe it should have been service connected even without post service medical treatment. As I'm getting older, the conditions are worsening, so I'm hoping to get the issue cleared-up asap.

I'm anxiously awaiting my C-file so I can review it with my VSO. I do not have a copy of that original denial. Is anyone aware of any appeals where service connection was granted despite last of post service medical records? I'm confident that I can get the claim re-opened and service connected now, and I'm in the process of doing so, but if I could argue a CUE for an EED, that would be even better.

[knap-sack]

Holly go to ebenifits sign in and you can get info from your cliam. They did same thing to me. They wanted current diagnoses. My injuries can't be corrected. I got current diagnoses and just sent a NOD. I think It may be faster to send in new fdc but I did it the way they instructed. Time will tell.