Rated "Not Service Connected" what can i do?

[Cobra4v]

    When my Active Duty contract ended in 2012 I met with a benefit's rep who started notating issues I was going to claim. Among those issues was Restless Leg Syndrome. Once I departed from the service, I was sent a letter which advised medical record's were needed as evidence for my claim's. At the time, I didn't have my record and contacted the VA advising I would not be claiming RLS because I didn't have documentation. I was advised by a VA rep I could reopen the claim at any time. RLS showed as "Not Service Connected" in my E benefits profile. 

    Once I obtained my records, I sorted through and obtained the medical record showing the complaint of RLS along with the sleep study. I reopened the claim in the beginning of March and it now shows in my "History" folder as completed. A browse through my E Benefits profile under Disabilities shows Not Service Connected. I investigated further and went under New Claim to check my active disabilities and RLS still shows as Not Service Connected. There is no "Effective Date" notated under the Disabilities section for this issue. I contacted the VA and inquired about my rating which has not changed. The counselor advised the letter was mailed to me today.

 

    At this point it looks as if they did not approve my claim. I am wondering if it wasn't approved because of the time frame which the claim sat.

What options do I have from this point? 

Edited April 26, 2016 by Cobra4v

[Gastone]

Your 90%, what would a RLS SC do for your SC %? What did your last Award/Denial letter say?

Have you filed a FOIA request for your C-File? Did or do you, use a VSO as a Rep? Check in with a VSO located at your RO, they have greater and more up to date computer access to your Claim status.

Filed a NOD yet?

Semper Fi

 

[Cobra4v]

I hate to say it but I have no idea what those acronyms mean lol. No I don't have my c file 

[Navy04]

VSO is Veteran Service Officer, a person locally in your town or VA that helps you file you claims and check status. RO is the VA Regional Office, for Texas it is Waco, which means they are the VA Big Wigs who handle your claims and benefits. NOD is Notice of Disagreement, that is typically where you challenge  a Denied condition within a Year of Discharge. Without the official documentation posted on here, we would just be guessing bud. Post your denial letter hear, and what you are Service Connected for. Good luck and keep us posted. God Bless!!

[Cobra4v]

Thank you for all of the advice. I contacted the local VSO and left a message. Once I get my letter I will update this thread. 

[broncovet]

A rating of "not service connected", is a code word for "denied".  The VA did that "to" me also, and I did not know that NSC is code for denied.  

You see, VA has to give a reasons and bases whenever they deny you.  But, they can rate you NSC and this amounts to the same thing, and then they dont give you reasons.  

Also, they hope you wont figure out this IS a denial, until after the one year appeal period is up.  

MY VARO was even sneakier and did not "mention" this in the RO decision, but only in the "rating sheet" that Veterans dont get until/after they appeal to the CAVC in the RBA.  Of course, then its too late for the Veteran to raise that issue upon appeal to the cAVC.

What you need to do is file a NOD, but you should wait for the RO decision, as that is required by the NOD form.  

Edited April 27, 2016 by broncovet

[Cobra4v]

You know, I think that's what happened. That along with two other disabilities were rated at NSC. Once I left the service as I didn't have evidence. (Even though it was in my medical record) And now that I tried to reopen it they are going to keep it at NSC since its past the 1 year mark.

 

wish I knew all this when I his my EAS. 

 

I will do the NOD once I get the paperwork in for this.