LARSCOUT Posted August 16, 2015 Author Share Posted August 16, 2015 The same records that I submitted in 2004, and I finally got the SC paper work that I submitted in 2014. Link to comment Share on other sites More sharing options...
Guest Posted August 16, 2015 Share Posted August 16, 2015 There is no such thing as SC paper work. I am trying to figure out what documentation you gave VA in 2014. It really makes a difference what it was and if VA had this evidence in 2004. Link to comment Share on other sites More sharing options...
LARSCOUT Posted August 16, 2015 Author Share Posted August 16, 2015 pete996,I can't remember what was all on that paper but it was something similar to.... the physician has become familiar with my current medical condition as well as my history. then it has a lines to check that says, more likely than not related to(Greater than 50%) condition which occurred while on active duty. Link to comment Share on other sites More sharing options...
Guest Posted August 16, 2015 Share Posted August 16, 2015 (edited) I can't remember what was all on that paper but it was something similar to.... the physician has become familiar with my current medical condition as well as my history. then it has a lines to check that says, more likely than not related to(Greater than 50%) condition which occurred while on active duty. OK VA used this evidence to grant your claim, it is what we call an IMO/IME (Independent Medical Opinion/Independent Medical Examination). Since VA did not have this evidence in 2004 it is not likely to get any retro back to 2004 even if your medical records showed you had the condition/disability. You have to had an IMO/IME dated in 2004 that stated your condition was as least likely as not related to your military service. Edited August 16, 2015 by pete992 Link to comment Share on other sites More sharing options...
eagle1012004 Posted August 16, 2015 Share Posted August 16, 2015 Congratulations!!!! Link to comment Share on other sites More sharing options...
Berta Posted August 16, 2015 Share Posted August 16, 2015 The regulation in this thread might help get you a much better EED:The disability might not have raised to a ratable level at time of the first claim but VA can do a Fenderson rating, (staged rating)"I got treatments in the Corps and got meds also(95-99). Everything from my PFT's(Pulmonary Function Test) in the Corps to all my civilian records for asthma."It sounds to me like a CUE, in this respect...CUE is like the Watergate question...what did they know and when did they know it....38CFR 3.156 can sometimes be what did the VA not have but should have gotten..because "newly discovered service records" means the service records existed but VA didnt get them or ignored them if they did..Or since the decision is so new maybe a reconsideration request would work.Can you prove the VA had them in 2004? Do you still have the Green USPS cards or any other proof of mailing?I have a stack of green cards, prior to using Priority mail that date back to 1995 and they all were for VA stuff. 53 USPS priority receipts too.It pays to save everything re: VA. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
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