Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

How to appeal denial > 1 year? ER visit not in SMR C-File so denied. I just found my ER Visit paperwork

Rate this question


WBrennan

Question

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 WBrennan
Typo
Link to comment
Share on other sites

Recommended Posts

  • 0

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. 🙂

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder
9 hours ago, WBrennan said:

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. 🙂

Just remember  you can't submit any new evidence  when selecting the H.L.R.

 Although I am not familiar with your case but just in case you didn't know this   hopefully you know it now.

Link to comment
Share on other sites

  • 0
2 hours ago, Buck52 said:

Just remember  you can't submit any new evidence  when selecting the H.L.R.

 Although I am not familiar with your case but just in case you didn't know this   hopefully you know it now.

Thank you for the reminder.  My supplement claim had the new evidence (being seen in service).  I had a bad C&P originally.  I submitted my reasons and a narrative pointing out things in my Service Records.  I requested the informal conference so we can chat about it.  So, about another 4 month wait and that is fine.  I am only looking for 10% pain/arthritis plus the bilateral for my left knee (jumper knees). Everyone at the VA I spoke with have been nice and professional.  Some even dropped hints on things.  I will update everyone at the end of summer.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

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 specific rating; that's the VA rater's job, anyway. But you could be limiting what you get for a favorable decision buy asking for a number which could actually be less than what you would be entitled to. Think of it is lowballing yourself.

Link to comment
Share on other sites

  • 0
2 hours ago, GBArmy said:

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 specific rating; that's the VA rater's job, anyway. But you could be limiting what you get for a favorable decision buy asking for a number which could actually be less than what you would be entitled to. Think of it is lowballing yourself.

Change requesting with expecting. My bad. 😁🤪🥃🍺

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use