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

[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 December 11, 2019 by WBrennan
Typo

[WBrennan]

At the halfway point and still waiting on the conference call.  I expect the call mid August.  Will update everyone after the decision.

[scienter]

On 11/3/2019 at 1:30 PM, broncovet said:

It wont do any good to appeal a decision over 1 year old.  Try some alternatives, instead:

1.  Refile a supplemental claim, with the new evidence.  If awarded, you can then appeal the effective date if its wrong.  The VA posits:  

Why keep it simple?  If you can complicate it and draw it out for years, the Veteran may will give up, or pass away.  

2.  Submit the new evidence via 38 cfr 3.156 b or c to reopen the claim.  

3.  (Similar to number 1) file a new claim, and fight the effective date if its wrong.  

    Cue, tho possible, probably does not apply here.  Cue is based on the evidence AT the time of decision.  The VA has made this clear.  When the VA loses, destroys, overlooks, shreds, or just plain does not read our evidence, the burden of proof is on us.  They get away with everything, we get away with nothing.  

But if you file to reopen, then you lose any EDD and it starts from the date of filing to reopen?

[WBrennan]

Day 124 And still no informal meeting... Will be looking at Dr Anaise for an IMO if they deny

[WBrennan]

Day 137 and I had my informal conference.  I didn't get a feel for her or which way she was leaning but I think I clearly stated my case.  Was told wait another 30 days.  Fingers and toes crossed...

[WBrennan]

Higher Level Review Closed today.  That is all va.gov shows. Nothing in e-benefits.  They said the BBE went on yesterday (9/22/2020).  So that means end of next week or early week after. I will update everyone after I receive the BBE.

[WBrennan]

Today: The Veterans Benefits Administration is correcting an error

I hope this is good news!