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How to appeal denial > 1 year? ER visit not in SMR C-File so denied. I just found my ER Visit paperwork
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WBrennan
I filed in May 2018 for both my knees. In my C-File I had 2 visits for left knee strain so my left knee was service connected. They denied my right knee in 9/2018. I requested my C-File and the ER visit was not in there. I requested my Med Recs for the time frame (a 2month period in 1992) and they came back saying nothing found. Today while going through a box in my garage (11/3/19) I found the ER coversheet from my visit. The chief complaint was pain in both knees. How do I appeal this? If approved, what do I do to keep the original file date since my appeal deadline was 9/2019? Thanks in advance!
Edited by WBrennanTypo
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lotzaspotz
If this involved records that were in the service medical records and thus should have been in the VA’s subsequent custody, File a supplemental review request, citing 38 CFR 3.156 (c)(4), which speak
WBrennan
just submitted my request for s higher level review. Requesting a 10% rating for pain/arthritis and the bilateral for my left knee. I will update everyone in about 4 months. lol. 🙂
GBArmy
WBrennan I just saw your original post..."requesting a 10% rating..." I hope you are just describing what you are looking to get but that isn't the original wording on your appeal. We never request a
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