I am in the process of reopening a claim that was filed in 2009 and had some questions about how the statement should be worded.
I filed a claim for a bilateral foot disability and was denied because they stated my there was no mention of the claimed disability in my medical records. I now have definitive proof that they in my SMR's and am requesting a reopen citing 38 CRF 3.156 (c) (1) that one should be a no brainer but you never can tell with the VA.
I also filed for my ankle issues and back issues as well. I requested a reopen for those as well. I feel the ankle issues should be secondary to my foot issues but since I did not make that it a secondary disability when I filed my claim I think they will deny that. The back issues are acknowledged in my records but the VA state that there was no chronic diagnosis. I figured I will give them a shot and if denied I will just file a new claim for them.
I originally planned on filing a CUE but after some help from Berta and Bronco I think the best option would be a reopen request which is why I am not posting here.
My question is how much detail should I put in the statement in support of reopening. I have used the search feature and found some good information but no examples of reopen statement letters. I have one created and would upload it here if I could. If someone could give me some insight on how I could upload a document I would appreciate it.
Question
JKWilliamsSr
I am in the process of reopening a claim that was filed in 2009 and had some questions about how the statement should be worded.
I filed a claim for a bilateral foot disability and was denied because they stated my there was no mention of the claimed disability in my medical records. I now have definitive proof that they in my SMR's and am requesting a reopen citing 38 CRF 3.156 (c) (1) that one should be a no brainer but you never can tell with the VA.
I also filed for my ankle issues and back issues as well. I requested a reopen for those as well. I feel the ankle issues should be secondary to my foot issues but since I did not make that it a secondary disability when I filed my claim I think they will deny that. The back issues are acknowledged in my records but the VA state that there was no chronic diagnosis. I figured I will give them a shot and if denied I will just file a new claim for them.
I originally planned on filing a CUE but after some help from Berta and Bronco I think the best option would be a reopen request which is why I am not posting here.
My question is how much detail should I put in the statement in support of reopening. I have used the search feature and found some good information but no examples of reopen statement letters. I have one created and would upload it here if I could. If someone could give me some insight on how I could upload a document I would appreciate it.
Thanks in advance.
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