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

[Tbird]

I hope so too!

[broncovet]

Scienter...in answer to your question, it depends on if this is "new evidence" or new "service records".  New "service records" gives you a more favorable outcome:  

Read 38 CFR 3.156:

https://www.law.cornell.edu/cfr/text/38/3.156

[WBrennan]

Got the BBE today and a letter from VES on Saturday.  VA error on duty to assist. New (3rd) c&p exam scheduled end of October. The favorable findings in their decision almost points to a new Medical opinion... Will update everyone on about 2 months... Lol.

[WBrennan]

Getting sent to VES next week to get some Xrays of the knee.  I think they are trying to confirm I have Arthritis.... LHI confirmed via Xrays. Then I have the C&P with VES at the end of the month. Looks like they are doing 2 C&Ps for me that day.   Just another hurry up and wait.  I got this.   I will update everyone as things progress. Hoping to have it all finalized before year end.

[WBrennan]

I had the new C&P Exam but it was more for an opinion it seemed than the full C&P exams that I had before.  They only measured the flexion. Didn't measure the extension.  Knee has x-ray documentation for Arthritis.  ROM are outside the compensation range. It looks like the VA asked the provider only if they feel if parachuting would cause the damage to my knee.  Not sure how she replied. I was also told the VA may then ask her additional questions.  We shall see in about 6 weeks.

[WBrennan]

Appeal closed yesterday. eBenefits showing my right knee rated at 30%.  It looks like I won my appeal. Time to wait for the BBE.   Thank you all!!