Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Appeal or New Claim? Claim for Right Knee Approved 10% but Left Knee and Lower Back Denied.


Posted (edited)

Hello All,

My question is regarding my most recent claim.

I put in a claim for both knees and lower back. They gave me 10% for tendinitis in my right knee but declined my left knee and lower back, claiming they were not service connected.

Dr. David Anaise is currently reviewing my files to see if he can secondary connect my left knee and my lower back to my right knee. If he does indeed write me an IMO for this, should I file an appeal of the previous decision or file a new claim for my left knee and lower back?

Thank you for your time and help.

Edited by lawbro
More Information Provided

Share this post

Link to post
Share on other sites

2 answers to this question

Recommended Posts

  • 0

I would always say appeal as this would save the EEF.  It is not our job to place it where it needs to be, but we can guide the ship per say.  I believe you can file a NOD with the IMO and then let them make it a secondary condition.  

I could be wrong here, I am sure someone else will chime in to give advice here.

Share this post

Link to post
Share on other sites
  • 0

Hi there.  Any time the VA denies a claim, and the Veteran/Claimant disagrees with the decision, the typical response is to file a Notice of Disagreement on the official VA Form 21-0958.  Experienced practitioners will almost always suggest that their clients file an NOD instead of going back to file a brand new claim.  Reason?  To preserve the effective date. 

In VA law, the effective date of a new or reopened claim is the date the claim was received, or the date when its entitlement arose, whichever is LATER.  In other words, if a Desert Storm Veteran files a claim for tinnitus on April 1, 2010 and it is approved in November 2010, the assigned effective date for the tinnitus claim will be April 2010.  If the Veteran's claim had been initially denied in 2010, and he filed a timely NOD, then went through the appeals process to BVA and then CAVC, and was finally approved in 2015, his effective date would still be April 2010.  The Veteran would receive a lump sum retroactive benefit equal to the number of months between April 1, 2010 and 2015.

However, if the initial tinnitus claim filed on April 1 2010 was denied, and instead of appealing, the Veteran decided to gather additional supporting evidence and file a new tinnitus claim on June 1, 2018, the April 2010 effective date would be lost.  In effect, the Veteran would have abandoned the initial claim and is now submitting a new claim, and if approved, its earliest possible effective date will be Jun 1, 2018.  

So, long story short... appeal is almost always the better option.

If you need assistance, please feel free to reach out to me directly: raza@rsmlawfirm.com

  • Like 1

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Our picks

    • Help needed bad  Male MST
      Is there anything for a man who's been diagnosed with PTSD secondary to MST. I see all this information and it's primarily speaking as if it only happened to females. If anybody has any advice for a man who suffers from this condition please let me know I'm not alone. Also let me know of any coping skills you've learned as I have lived the last 25-30 years of my life in full flight from reality. 
      • 4 replies
    • Occasionally it becomes necessary for HadIt.com to come to the community to help raise funds. This is one of those occasions.

      A couple of things to keep in mind

      Financial contributions are never required, but always appreciated.

      NOT tax deductible, HadIt.com is NOT a non profit and any contribution you make is just a gift and cannot be deducted on your taxes.

      If you prefer to give through a subscription, you may subscribe here the rates are $5 per month or $50 per year and gives you an ad free experience on the forums.

      Thank you for your support!
      • 2 replies
    • It's now May 3 3019. Still pending for notification and past estimated completion date April 29th. If it were negative would o would have heard something right. I'm assuming I have a good chance because I have evidence, however the wait is killing me like everyone else. 
    • Mere Speculation  Comp and Pen
      Hello Fellow Veteran 20 year retired disabled Navy veteran, quick ?? I am going for unemployability through the VA just had my comp and Pen, I do check off all the DBQ according to the therapist , but at the end of it she said in her opinion it would be mere speculation on rather I should get unemployability or not. What’s that mean thanks 
      • 9 replies
    • Man using HadIt name to collect funds -  Go FundMe shuts down campaign following Raleigh man's arrest for fraud
      I was interviewed for  this story. This gentlemen was using the HadIt name to collect funds for some non existent charity. "HadIt.com" is NOT a non-profit. "HadIt.com" will never have anyone collecting outside of Walmarts. If "HadIt.com" does not list a fundraiser on our site it is not affiliated with us. Please read the story and pass on that this person is NOT affiliated with "HadIt.com"

      Note: The text at the top of the video lists me as a nonprofit founder. HadIt.com is a for profit, it is not a non profit and this man is not associated with our site and none of the money he collected had anything to do with our site.


      Go FundMe shuts down campaign following Raleigh man's arrest for fraud 
      • 5 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines