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syne7

Inferred Claim prior to 2000/VCAA? Is it possible?

Question

Hello,

Technical question here. 

Is it possible to have an inferred claim prior the 2000/VCAA or do they only start after that period.

Specifically in an initial claim in 1998, if the C&P Examiner for left ankle, states, "Veteran has pain in feet, ankles, and legs.  Hurts when has to move equipment at work."

Does that open the door for an "inferred claim" for feet, knees, and right ankle potenitally?

 

 

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I don't feel it does. Not enough info .But be sure to read the PDF below from the Purple Heart Org as we dont have much info here on what you are asking.

This BVA decisions might help you understand wheat an inferred claim is.

https://www.va.gov/vetapp03/files/0303312.txt

The veteran filed CUE on what he felt was an inferred MH claim, in 1980.,

he was subsequently awarded for PTSD, but the CUE was denied.

In part the decision states:

"In essence, it appears that the veteran is contending that a 
May 1980 RO decision which administratively denied his 
February 1980 claim of entitlement to service connection 
contained clear and unmistakable error (CUE) because it did 
not infer a claim of entitlement to service connection for 
PTSD or psychoneurosis, based upon the presence in his VA 
claims folder of service medical records which referred to a 
"nervous breakdown" and hospitalization for psychoneurosis in 
April 1948.
 The veteran's representative has provided no specific 
argument."

The VA has an obligation to "infer" SMC Consideration when the evidence warrants it.

It is more than inferring,however,  it is a legal mandate.

For my SMC CUE claim, the rating decision (1998)contained  4 or 5 CUEs and clearly warranted SMC consideration.

More info on inferred claims can be found in M21-1MR.

This is a detailed excellent rendition by PH as to inferred claims and CUE.

http://www.purpleheart.org/ServiceProgram/Training2013/19-T-Effective dates-Ron.pdf

I have not read it all yet but maybe this will help.

Is there any rating at all in any decision you received for this condition?

Was it formally diagnosed but listed on a rating sheet as NSC?

 

 

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