Are Missed Lab Reports/Diagnostics New and Material Evidence?

[cetay]

Are Missed Lab Reports/Diagnostics New and Material Evidence?

                Really wanted to thank everyone for their help in advising me. Since the last time I`ve posted I have went from 20% (for 30 years) to 80 %. My original claim for kidney disease was denied, with the help of a VSO, and is with the DRO to date. I decided no one would have the time to look at the 6000 plus pages and filed my other claims pro se. Following the guidance in this forum I was service connected for migraines (50%) tinnitus (10%), and left ventricular hypertrophy (30%) in addition to my original service connected HBP (20%). I really appreciate your help.

                I ordered my c-file and looked through all five-thousand pages and found that in 1981 and again in 1983 I had filed claims for hypertensive vascular disease (hypertension and enlarged heart disease). In the VA doctors evaluation of my claim, he mentioned there was no evidence of an enlarged heart.In the diagnostic ekg and chest xray reports, for 1981 and 1983, they both reported enlarged heart diagnoses.      

                Could these reports be considered as new and material evidence because the doctor in making his decision didn’t take into  consideration the material fact of conclusive evidence? Va just rated me with and enlarged this year (left ventricular hypertrophy) and gave me a 30% rating. Question: could this constitute an claim for an earlier effect date, a CUE perhaps? Not sure how to look at this revelation.

Thank in advance for any replies.

Cedric

[cetay]

Thanks Broncovet,

The decision was so long ago and my memory is`nt clear whether I received a letter notifying me of the decision. My c-file did not contain any notification of decisions. I guess I`ll have to request another privacy act request for those notifications, don`t know why they were not included in privacy act request. Thank all of you for your knowledge.

Cedric

 

 

[broncovet]

I hear that.  We all learn the hard way.  We need to remember when we get a decision and lose or discard it, we may have to face the consequences.  Ditto for your military records.  

When I got out of the military, they gave me about 20 copies of my dd 214, with instructions:

Quote

Put each of these (dd 214's) in a different place.  Take one over to your parents house, one to your brothers.  One in your safe deposit box, several in your file cabinet, another in your important papers.  Put another with your car titles, etc.  It will mess up your life if you lose your dd 214.  

The same is true with VARO decisions.  Nowdays, I scan each new decision in.  Oh, and I dont trust my own backup system, either.  I have it on my computer, again backed up, backed up again with a paper copy, and backed up online with my online storage.  

Some years ago, I had a very important paper document I was working on, that I had to refer to a few times a day for several years.  It was a research project.  I knew that had to be backed up, and backed it up 4 different ways.  The first 3 all failed..the CD got scratched, the second hard drive failed, and so did the jump drive.  The 4th backup saved the day.  

I cant emphasize enough to back up your computer stuff..test the backups..and then back up the backups.  

I just did a "data recovery" for a lady at church.  She was heartbroken that she had lost all her kids pictures...for decades.  

I recovered those from  a hard drive that would not boot a computer anymore.  She was ecstatic.