Effective Date After Finding Old Military Records

[Dash 1B]

Hello fellow vets! I was Airborne throughout my time in the Army. I foolishly drove on through the pain and rarely went to sick call so I had very little information in my medical records. I filed for both knees in 2010 and was denied and CLOSED. After the passing of my grandmother, we were going through some boxes and I found some old army papers. In them was my Jump Log with all my military jumps recorded. I actually took that to my doctor and he wrote a nexus letter for me. I filed the claim and this is what the decision letter stated:

Left Knee 40% limitation of extension

                  30% instability

                  20% subluxation

 

Right knee 40% " "

                     30% " "

                      20% " "

 

The effective date was the date I submitted the claim (at the end of 2019).  I put in a Notice Of Disagreement after I found out about CFR 38. 3.156(c) that states if the VA receives military documents that existed and had not been associated with the claim at the time the VA made a decision, then the VA will reconsider that claim. Does anyone have experience with this and can you tell me if I did the right thing? I also want to know how they would compensate for this if I were to win the NOD. I am at 70% now. Thank you!

 

 

 

 

 

 

 

[Dash 1B]

On 3/17/2020 at 10:37 PM, Dash 1B said:

Got it working! 

Decision marked "1" is the first decision that granted SC but no earlier effective date because of not near contemporaneous. It also lists military service records (jump log) in the evidence

 

Decision marked "2" is the second decision that denied an earlier effective date because the appeal window was missed. It also does NOT include military service records submitted Dec 2019 and also does not mention CFR 3.156(c)

Thank you all for your help! Really wish we could all sit down and have a beer!

img-200317222253.pdf 2.96 MB · 6 downloads img-200317222620.pdf 1.73 MB · 5 downloads

 

[Berta]

Decision ## 1 states under Evidence"   dated 01/01/2020

"Service Personnel Records"

They might mean your 201 inservice Personnel file- 

Decisions # 2 verifies they received the SMRS.

What I see here is that you need to file a claim under 38 CFR 3.156.

In those 2010 and 2011 denials did they make any attempt to get your Service Medical Records?

38 CFR 3.156:

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

The denials would contain info as to what citations you would need to cite under this regulation.

Can you scan and attach the Evidence Lists from those older denials here? And just the rationale parts for their denials?

They might contain a basis for a CUE claim.......in addition to the 38 CFR 3.156 claim.

There is much info here on this regulation( 38 CFR 3.156)   under a search.