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Denied by Atlanta REgional Supervisor for 100% convalescen pay after they admit I meet all standards. Read denial...

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Vet2015

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Just got denied again by the Regional Office supervisor on a NOD claim for 100% convalescent pay because the surgery was in Dec and I filed for secondary and was granted the claim in march? Say he cant go back and pay. Here is the results from the Atlanta Regional office..

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  • HadIt.com Elder

You just got plastered by the RO.

Your effective date was after the surgury. Now if you have another doctors diagnosis stating the condition was diagnosed earlier then you may have a chance.

You need to BVA this one and seek an outside IMO who can put the dates together for you.

 

J

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They already admit it was done in connection with my already service connected hand claim. It was approved as secondary already to my hand claim and they admit all that. Now in the last paragraph they admit it was service connected but I didnt do the claim until feb 26? Is there some kind of time frame when filing claims? Thanks

Edited by Vet2015
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  • HadIt.com Elder

I see that Atlanta has not really changed it's spots. I've got a couple of claims that they denied, citing reasons that have no basis in law or regulation, and then sat on the appeals.

Indeed, the SMRs prove the claims.

God will'n, and the creek don't rise, I might actually still be around when the BVA gets around to making a decision.

 

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  • HadIt.com Elder

That last paragraph 

the claim for temp 100% was  filed for the surgery  sometimes between  the period of Dec- 7- 2012  until Jan 12- 2013 it must not been granted at that time? and an increase was filed Feb 26th 2013

 the VA is saying the claim was not filed during that time and the Feb 2013 was the claim date which an evaluation of 10%was assign so actually if  the veteran had filed the claim ''before that date  Feb 2013''...then the VA Should have awarded it   but since the claim was not filed before he had the surgery  thats why they denied it...however since the veteran was sc for the left fifth tendon and establishe an effective date of May 31st 2007  so they did sc the left fifth finger tendon at that time, so this rater commited a CUE BY THE DENIAL OF THE Dec 7

from what I read.

 

...............Buck

Edited by Buck52
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There is some sort of time limit I think on filing these claims but I dont see how the time limit would apply to you at all...

Here are the temp Convalenscent regs.

https://www.law.cornell.edu/cfr/text/38/4.30

I think it is a CUE too.

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