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Effective date and missing condition on claim

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koslafski

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a few years ago, I did not claim rhinitis. It already exists as a chronic issue during my service and I know I can claim it as service connected. However, I was wondering what I can do to preserve the effective date. I already know the regulation about the effective date ( claim date or arousal of entitlement, whichever is later ). However, I already claimed headaches during the first year and I got denied for it. I was wondering if I could have an ENT doctor write a nexus letter to tie in headaches to rhinitis ( Headaches are one of the most common symptoms of it ). Would you think that would be a good argument, considering I'm not a doctor and I could not have known that my headaches are connected to my rhinitis? 

2nd issue, During my first claim, I did 2 claims, one on paper at the regional office, and the other on ebenefits. All the claims were combined together in the end, but I have noticed that one of my conditions was missing entirely. I already have a copy of that paper, but there is no VA time stamp on it, the person who did it only put the date and his initials at the side of the paper. I was wondering if I can retrieve the original paper somehow to prove that the condition was claimed. I already requested the C-file. hoping that it's on there. This condition was also present throughout my military records extensively, so it's not like I'm trying to make anything up. 

 

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10 hours ago, koslafski said:

I did not claim rhinitis. 

However, I was wondering what I can do to preserve the effective date.

However, I already claimed headaches during the first year and I got denied for it. I was wondering if I could have an ENT doctor write a nexus letter to tie in headaches to rhinitis ( Headaches are one of the most common symptoms of it ). Would you think that would be a good argument, considering I'm not a doctor and I could not have known that my headaches are connected to my rhinitis? 

... one of my conditions was missing entirely. I already have a copy of that paper, but there is no VA time stamp on it, the person who did it only put the date and his initials at the side of the paper. I was wondering if I can retrieve the original paper somehow ...

First part: Not following your logic- You want the rhinitis claim backdated to the HA claim? I'd guess we're all wondering why you just didn't claim rhinitis in the first place. There must be some reason why you're waiting.

Just have your POA, the VA Regional office, or your county officer print the app from your eFolder, or Virtual VA. Your file's been scanned?

This is a great example of why the 'new' system is worse than paper- If any of us had his application- We could all see what was claimed and exactly how he claimed it. Now, the disabilities are transposed, vulnerable to interpretation and omission.

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No, I was just not aware that I could claim it. I thought if I just say " This part of my body hurts " they would look at my medical records and match it with diagnosis( Stupid I know ). My information was limited and I was dealing with a lot of issues that made dealing with the VA even more stressful, hence I didn't even notice when they totally failed to mention one of my conditions when the decision came. I already did an intent to file, but this time I want to do everything correctly to minimize dealing with the VA and appeal process.

I'm not sure if my file has been scanned. I just looked at e beneifts , they have uploaded a file for my claim, typed instead of hand-written, two conditions are missing from there. 

I just realized that the same person who did my first claim, also did my second claim, once again he only put his initials and time at the side of the paper instead of doing a VA time stamp. So, at least I can prove that the same person submitted both, instead of some random worker. But I just want to have the right argument to minimize bureaucracy, I have to deal with. 

Edited by koslafski
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On 2/19/2017 at 11:47 AM, koslafski said:

I just realized that the same person who did my first claim, also did my second claim, once again he only put his initials and time at the side of the paper instead of doing a VA time stamp.

Chance his initials are "EP"?

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