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Reopening claim

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auenone

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Good afternoon,

Thought I had time to appeal my Cervical Spine claim but expired last year. I have a few questions:

I opened an ebenefits claim last year in March as I was going to refile my knee. Talked to a VA doc and he said the knee would be replaced sometime this year. So, can I reopen my Cervical spine claim on this ebenefits open claim and get it dated back to when i created it? It will expire late March.

Also, I filled out an SF 180 form to take to the San Diego VARO to see if I can get my hospital records from the 67th Evac in the RVN. When the appeals lady called and told me they were giving me 20% for my knee in August 2015, I asked about those records. She said they have been in San Diego since 1970. I asked for them to look for those specific records when I originally filed in 2012 and nothing happened. So much for the VA's regs about assistance. Anyway already sent a request to Saint Louis last summer for the records as you must deliberately request HOSPITAL, inpatient, records when you ask for you medicals as I found out when calling them. You have to wonder about these people. Ebennies says it won't be available until 2018 and 2019. Can I obtain those records from the VARO with an SF 180 if I take it to them?

Thanks a bunch. I'll have to start coming back here again as I do miss the banter between the experts. And hoping the article in Hadit.com newsletter with Trump and Tiffany help the Vets in this country. It's a start.

 

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You have 365 days to appeal a claim.   The VA picks up the NOD's which are 366 days or more old, stamps "claim denied as it is not timely filed" on them all.  

But there are loopholes!!

An important one is 38 CFR 3.156 "new and material evidence".  

Do you have "new service records"?   See 38 CFR 3.156 C.   If you do, then file those and it should preserve your effective date if the claim is awarded.

Also, did you submit "new evidence" within the appeal period?  That can also preserve your effective date.  Se 38 CFR 3.156 B

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Thank you for the reply. The appeal period ended in August of last year. It has to be a reopened claim and I intend to get at least one but more likely two dbqs from Ortho docs instead of the internal medicine specialists furnished by the VA and QTC. My brother has been an RN for over 40 years and he just laughs and shakes his head on the VA "needs to complain and whine" medical evidence and other types of doctors instead of the type you should see. I was launched from a grenade and claymore mine that blew up, I think, at the same time as the next thing i knew i was on the ground 8ish feet away. That is #1 as an event. Without service medical to say i complained about neck is #2, The third part that VA wants is something wrong medically that can be traced to #1: I have severe cervical spine arthritis and fusion on the left side of my neck as #3. Explosion came from right and grenade from in front as the front of my legs got the shrapnel. The event (#1)comes from BS/w V award and #3 comes from the VA. The appeals lady from the VARO that called for my knee disability upgrade looked at the evidence and opined that she didn't understand why i didn't get the award for neck. I'm thinking that i will have to prove my spine can do the range of motion tests and my neck and knee were "compromised" in the explosions. Thanks again.

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Not to sure how this goes but I was a year over the year but I had unusual case my had a CUE with it which is how I had the VA look again and say ok you can Appeal the decision it was then granted but said they're wasn't a CUE so my guess is to file and suggest CUE they will look at it again if it's a valid claim they will allow you to appeal it.

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