2014 Claims (REOPENED)

[Sailorman]

I was discharged from Navy in 1996. I have theater service but the VA did not apply my wartime service towards my presumptive disabilities. This error has caused the VA to deny my many benefits. Most recently, my Specially Adapted Housing Grant and Specially monthly compensation claims that were denied in 2014. 

I recently requested for the VA to reopen based on N&M evidence (being my evaluations proving that I was in desert storm at that time.)  Subsequently, both claims were reopened. Does this mean both were both will be granted and rated?

[Berta]

No- it just means that they have reopened the claims. But it Great that they did.

" I have theater service but the VA did not apply my wartime service towards my presumptive disabilities. This error has caused the VA to deny my many benefits. Most recently, my Specially Adapted Housing Grant and Specially monthly compensation claims that were denied in 2014. "

Do you mean the Gulf War Presumptives?  I gave you a link to them in a prior post you made....

"I recently requested for the VA to reopen based on N&M evidence (being my evaluations proving that I was in desert storm at that time."

Was that in your military Personnel Record? I am surprised they missed your incountry GW proof.

You might have the basis for a 38 CFR 3.156 claim- Newly Discovered Service Records- searchable here.

Is the100% you have now based on one SC or on a combined rating.?

SMC is discussed at length in our SMC forum here.

Can you scan and attach the SMC denial? (Cover C file, name, prior to scanning it)

[Sailorman]

“No- it just means that they have reopened the claims. But it Great that they did.” 

Oh, ok thank you very much. I didn’t know. I  still have a battle then i guess. 

 “Do you mean the Gulf War Presumptives?  I gave you a link to them in a prior post you made....”

Yes, it I meant GWP. Yes, I read the links you provided previously. They were very helpful. It was very much appreciated it. 

“Was that in your military Personnel Record? I am surprised they missed your incountry GW proof.”

Yes, it was my military record that was missed.  The strange thing is I not new to the VA. It seem as though they became a creature of habit over time. I would have never learn of the error if the VA never went electronic in submitting online claims. 

“You might have the basis for a 38 CFR 3.156 claim- Newly Discovered Service Records- searchable here.”

hmmm! Thanks, I will look into to this. 

 “Is the100% you have now based on one SC or on a combined rating.?”

Neither, I’m currently TDIU P&T

 SMC is discussed at length in our SMC forum here.

 Can you scan and attach the SMC denial? (Cover C file, name, prior to scanning it)

will do! I need to send my daughter down in the base to get the decision package. 

 

[broncovet]

I agree.  Dont let VA hornswaggle you out of your effective date(s).  Apart from 1) delays 2) denials, VA's third favorite thing is to hornswagle your effective date.  

Read 38 cfr 3.156 b AND 3.156 c to see if they apply to you, and to see if VA applied these correctly!  

3.156 c is all about SERVICE records, but 3.156 b is also critical if your claim was "pending".  Pending means not finally adjuticated.  Your claim becomes "finally adjuticated" one year after your VARO decision, or, your appeals run their course, whichever is longer.  

[Sailorman]

Thanks broncovet. I will review 38 cfr 3.156 b AND 3.156 c.  I believe both maybe applicable in my case because I have both an appeal pending and denials at the VA. I appreciate the advice. 

[Sailorman]

Bertha, I have a copy of the decision now. I will scan it tomorrow. Thank you as well. 

[Sailorman]

Hello Bertha. I attached the denial of the SMC from the VA in 2015. 

 

FYI, just so you that know the muscle weakness due to statin induced medication is incorrect diagnosis. After further genetic studies I was diagnosed with an adult unset of MD. I’m also service connected for Knees, ankles and my back (since 1996). 

 

Edited April 22, 2018 by Sailorman