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Interesting find

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Andyman73

Question

I made a very interesting discovery, last night.  I was reading over VAMR from a VAMC I had used, years ago.  I requested all treatment records, which date to within a year after my EAS, and they came in yesterday's mail.

2 things stand out, which are not in my C-file...one being that I made a complaint about painful ROM of one of my wrists.  I was in a MVA in the middle of my 6 year enlistment, got seen at least one time by base medical. It has bothered me ever since.  I filed a claim for it a few years ago and was denied.  I did not remember that complaint, which was on the 10th month of my 1 year presumptive window, from my EAS.

The second, and much more telling thing was that I told them that I had SI issues during my AD time. 

Some of you may be aware of my MH C&P exam boondoggle from last fall.  Any of you well versed members here care to give me your 3 cents worth on the value of this newly discovered info?

Again, both of these issues were mentioned during my 1 year presumptive window.

Thanks

Andyman

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  • HadIt.com Elder

I'm not sure about what your claims are ?

but I would think any medical information the VA don't have is good.

you should submit these medical records as new and material evidence to your claims ASAP.

Especially if they can substantiate your claims or prove to be favorable to your claim...which if you were denied for this reason or no medical evidence to support your claim by not having these new Medical Records.

submit them yesterday buddy.

.jmo

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

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  • Moderator

The obvious answer is to use your "newly acquired" service records to reopen to  get an earlier effecitve date, rebut a denial, or as an increase application via 38 CFR 3.156 C.  The great part about new "Service records" is that your effective date goes back to the date you originally applied.  Read it over well:

3.156 New and material evidence.

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.
(Authority: 38 U.S.C. 501, 5103A(f), 5108)
(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of § 20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.
(Authority: 38 U.S.C. 501)
(c) Service department records.
(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:
(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph (c) of this section are met;
(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and
(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.
(2) Paragraph (c)(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.
(3) An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.
(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.
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