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Rating for a claim that was denied previously


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Hi,

I just received a 10% rating for a claim I once was denied for. Do you know if I am entitled to retroactive pay to the first date of my original claim? They did regard this as service connected but awarded me a 0 rating back then. Not sure if there is something I can do as I have had this pain since I left the military and didn't appeal the 0 rating in the beginning.

Any advice?

Thank you in advance.

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It really boils down to the evidence of record and the evidence in VA's possession.  If you can prove that you met the 10% rating criteria when VA assigned you the 0% rating, then you can file an appeal for an EED (EARLIER EFFECTIVE DATE). Under 38 CFR 3.156 you can file a claim for EED, with new and or pertinent medical evidence especially VAMC Medical Records.  What evidence did VA used to grant your 10% rating and how does it differ than the evidence VA used to grant your 0% rating? 

 

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38 CFR 3.156 (c)

If a claim is filed and later the claim is denied. The denial states no record of claimed condition in active duty records.

However, the VA failed to secure all medical records in their possession related to the claimed condition and make them part of the claim record.

You might be entitled to the EED back to the date of first claimed or date disability is realized if the condition is eventually service connected.

 

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