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?
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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?
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brokensoldier244th
I have gotten double unofficial notification from the DAV before, with a phone call. I can't speak to the DAV as a whole, but the local office here has always been right, in 17 years. They sent me a l
Berta
You might have a 38 CFR 3.156 situation- meaning the VA might have considered your claim in 95/96 as "not well grounded" and failed to even get your STRs.Or they did get your STRs but never consi
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, h
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