Confused (sort of) about DAV Unofficial Notification

[OldJoe]

Got an unofficial notification from the DAV about my DRO appeal stating that they were giving me an earlier date for my tinnitus (that baffled me) and that they were granting me 40% for my back (degenerative arthritis).  My appeal was for secondary service connection for my knees, there was nothing about my knees in the "unofficial notification".

So I went to the closest regional off and was finally seen.  They looked up the "official" notification (SOC) from the VA and it stated nothing about my back but stated that they had denied me my secondary claim on my knees stating that the Dr couldn't find anything to connect my claim to either my back or the service (um, always thought knees went when back went, so secondary was almost a given, then again he did specialize in cardiology).

In someways I am not that surprised, but I am wondering about the "unofficial" notice both the "unofficial" and "official" where dated the same (July 5th) I cannot believe in a matter of a few moments the VA totally changed their decision.  So that has got me flummoxed.

What makes this unique is that if the 40% for my back was based on the one medical entry that they didn't use for my initial claim back in 95/96.  I was never able to get anybody to write me a nexus letter for this so I could "officially" reopen the case.  If the "unofficial" letter holds true and I am just waiting on other paperwork to be finalized then they have all but argued CUE and handed me a win without even trying (I know the VA will never give up that easily).  The entry stated scoliosis and that it was a recurring issue, their determination was based on an earlier entry and stated in black and white they could not find any other entries.  Can you say "gotchya"?

Getting a letter now for my knees should be easier since I have some indication that the VA does ("did") give some indication that they felt that my evidence did indicate connection to the service concerning my back.

Can anyone possibly clue me into what might be going on?  Did the DAV totally get it wrong?  Or, is this just part of the whole overall process and I am only seeing part of it?

[OldJoe]

Thank you very much spearhead91 this will be read and looked through while I write my statement.  Hopefully will have it up tonight before I go to bed (never think very well when I am tired).  Also, hope to get all of that other stuff posted so peple can hopefully use it to learn what to look for in instances like mine (though are pretty rare, but obviously do happen as Berta posted a link to earlier)

[spearhead91]

You're welcome Oldjoe I can dig and find the material it's the using it impartially in my own situation is the hard part because of bias which can not be uncoupled. The mental gymnastics of medical terms, legalese, VA MR, eCFR is an art form and it shouldn't be. Remember we were old told our FM's Field Manuals were written for an 8th grader or something. This is the reverse. Sort of like watching the sixties or seventies classic Catch22. A whole lot of that in them thar manuals if you ask me. But like the old phrase says how do you eat a elephant? one bite at at time. 

I've started a RECONSIDERATION and CUE and have documents assembled with exhibit A-X and how many pages each one has because apparently evidence was overlooked or disregarded in old claim and new. But I got bum wing and landing gear at the moment so it's tough. Do some take a break. Do some more rinse/repeat. 

[OldJoe]

Thanks for the words of wisdom spearhead91.

Now I will try to lay out the evidence in the form of excerpts to the current SOC of my current claim.

[OldJoe]

Starting with the actual service medical records (back only knee related will follow the current SOC)

Be sure to note the dates.

 

Edited August 29, 2018 by OldJoe
clarification

[OldJoe]

Initial letter from VA stating they received my request for benefits and excerpts from my initial C&P.

Unfortunately I do not remember if this letter was for the actual disability or not.  I made a formal request for vocational rehab in 1996 (which very conveniently/coincidentally was dated as being received exactly one month after the one year time limit).

[OldJoe]

Here is the narrative for my current claim.  I could only find information about them granting service connection for my back.  All I can assume is that they granted it solely based on the one service medical record that did state that it was recurrent.  If I am not mistaken that alone should have been enough to rectify the mistake all the way back to the very first claim (you cannot tell me that they don't know about the explicit definition of what a CUE is and then only grant me back to August 2015).

It is only for one knee and they copied and pasted it for the other knee.  If you look back at my initial C&P I did state to the examiner about having recurrent pain in my knees (if it makes a difference I don't know).

Also, I include the only entry in my medical records concerning an entry relating to my knee.  Not that this means anything because it doesn't make any mention of it being recurrent. 

Will the VA send me something about granting me the service connection for my back?  Or, is that just one of those great mysteries that they simple state, "ignore the man behind the curtain"???