Denied for claim in 2000 but reinjured in 2008

[Kuwaitin08]

I had submitted a claim for a back injury in 2000 when I originally got out of the Army. It was denied because I was a turd and the claim was less than solid.

In 2008, I reinjured my back during my deployment. 
 

I tried to do a claim for a new injury in 2008 but it was rejected saying I needed to appeal my original back claim in 2000. Of course, none of my new evidence supported my claim 8 years prior so it was sure to be denied which it was.

Im completely stuck on how to submit a claim for the new injury in 2008. VSO’s in my area are worthless.

Any ideas/suggestions?

Thanks!

[GBArmy]

Kuwaitin08 One of the problems I see often with the VA is that once a claim for a particular disability is denied, the VA is blind in one eye and can't see out of the other when it comes to appeals. They have a tendency to ignore new evidence and/or past evidence. If the facts are as you said you injured your back and made the claim less than 1 year of discharge, the VA makes that presumptive now. Don't know when they started doing that so you have to see if you have a legal argument on that. Just because it isn't found to be presumptive, doesn't mean it can't be s-c though. Was it documented; did you get copies of your STR's? And, if you reinjured again in 2008, hopefully you were a little more careful and you have your STR's for that event. So, bottom line, you were denied for not being s-c. You need to get a new current diagnosis on your back condition, and get a good IMO from a doc that knows VA-speak. You need a strong diagnosis or this is going to be 3 strikes. Get the disability, then you can see if you can connect back on a EED for 2000 or 2008. You didn't have continuity on processing your claim, so your only chance would be a CUE event. But don't fret about that now, just get this granted first.

[Buck52]

'I'D SEE A SPECIALIST and have him to read your medical records  and examine you and ask him to give his medical opinion  to what caused this back injury  and he needs to state I have read this veterans medical records and examine him, it is my medical opinion this veterans back injury is likely as not  incurred while he was in the military, describe the event in question (what happened that caused your injury)     ect,,ect,,

This should be a fairly easy to prove if this back injury happen to you while in the military  or LOD 

Then you reinjured  your back while you were deployed    they should be a medical record on this  you need to get these records.

You should be able to keep your date  the date you first filed  especially if you filed for this Injury  one year from your discharge   thats all in your favor.

Dig up your service records. request your C-file...if you don't want to work your own claim  Hire a Experience level headed VSO  or VA EXPERINCE Attorney   now that you been denied  you can hire an Attorney/VA Claims Accredith Claims Agent.

It could be possible your attorney fees will be paid by the VA..  Elder member and hadit Mod ,BRONCOVET can chime in on that  he knows how the veteran can get his attorney fees paid by the VA.

IF AND WHEN YOUR SERVICE CONNECTED AND GIVEN A RATING , YOU STAND TO RECEIVE A HEFTY AMOUNT OF BACK RETRO PAYMENT. 

Get on this ASAP.

Edited June 22, 2021 by Buck52

[Kuwaitin08]

On 6/22/2021 at 7:16 AM, Buck52 said:

'I'D SEE A SPECIALIST and have him to read your medical records  and examine you and ask him to give his medical opinion  to what caused this back injury  and he needs to state I have read this veterans medical records and examine him, it is my medical opinion this veterans back injury is likely as not  incurred while he was in the military, describe the event in question (what happened that caused your injury)     ect,,ect,,

This should be a fairly easy to prove if this back injury happen to you while in the military  or LOD 

Then you reinjured  your back while you were deployed    they should be a medical record on this  you need to get these records.

You should be able to keep your date  the date you first filed  especially if you filed for this Injury  one year from your discharge   thats all in your favor.

Dig up your service records. request your C-file...if you don't want to work your own claim  Hire a Experience level headed VSO  or VA EXPERINCE Attorney   now that you been denied  you can hire an Attorney/VA Claims Accredith Claims Agent.

It could be possible your attorney fees will be paid by the VA..  Elder member and hadit Mod ,BRONCOVET can chime in on that  he knows how the veteran can get his attorney fees paid by the VA.

IF AND WHEN YOUR SERVICE CONNECTED AND GIVEN A RATING , YOU STAND TO RECEIVE A HEFTY AMOUNT OF BACK RETRO PAYMENT. 

Get on this ASAP.

The problem is not with the evidence. I have the documentation that shows the injury that occurred in 2008. The problem is that I am unable to submit a new claim with that evidence.

Because a claim was made back in 2000 for the same body part, the VA requires that I either appeal it or complete a supplemental for that injury. The evidence I currently have from 2008 is not considered new and relevant evidence because it occurred after the date of the initial claim.

so my problem is that I am stuck. I cannot submit a new claim with the evidence in hand because I’m not allowed to open up another claim with the same body part.

 

[Buck52]

What did you Claim in 2000? your back injury/? and did they service connect it  but at 0% ? same body part ?  you  injured your  Back ? before 2000  while in military, and you file a compensation claim  in 2000  was denied then you waited 8 years to reconsider this claim? 

 if you took no action in 2000    and then 2008 came and gone  and you never contested anything  on this claim? if yes   then your claim is considered closed.

   you need to either file a reopen claim with new evidence   in the supplemental claim lane , you will lose your EED BACK TO 2000 when you file a Reopen claim, if you never contested this claim  back injury you hurt while in military...  your EED WILL START WHEN THEY RECEIVE YOUR REOPEN CLAIM.  UNLESS YOU CAN PROVE CUE was committed back in 2000

[Kuwaitin08]

44 minutes ago, Buck52 said:

What did you Claim in 2000? your back injury/? and did they service connect it  but at 0% ? same body part ?  you  injured your  Back ? before 2000  while in military, and you file a compensation claim  in 2000  was denied then you waited 8 years to reconsider this claim? 

 if you took no action in 2000    and then 2008 came and gone  and you never contested anything  on this claim? if yes   then your claim is considered closed.

   you need to either file a reopen claim with new evidence   in the supplemental claim lane , you will lose your EED BACK TO 2000 when you file a Reopen claim, if you never contested this claim  back injury you hurt while in military...  your EED WILL START WHEN THEY RECEIVE YOUR REOPEN CLAIM.  UNLESS YOU CAN PROVE CUE was committed back in 2000

In 2000 I claimed a back injury. It was a very weak claim and was denied as it should’ve been. I never appealed it at all.

I attempted to file a new claim for a back injury from 2008 but the VA will not allow me to do it because I had submitted a back claim back in 2000.

They claim that I have to appeal the old claim. 

[Fat]

My opinion.

You are very much in the ball game.

You filed in 2000, but was denied. You didn't continue the appeal.

You need to file a supplemental claim with new and relevant information to get the claim reopened.

I will assume you have a documented in-service incident, but probably a current diagnosis, residuals for rating purposes, and a nexus connection wasn't present.

First, if the in-service incident is present, we will focus on service connection.

 

1. See a orthopedic back doctor and let them do a CT-Scan or MRI to properly diagnosis your back issue.

This should satisfy the requirement for current disability.

 

2. Next, have him document by DBQ the limitations the back issue causes.

The DBQ is on line.

 

3. Last, ask for an opinion on the in-service incident connection to the current back issue.

You don't need a letter just a medical statement, "after reviewing all medical records, the back issue is more likely than not" related to the in-service incident/complaint.

Make sure the doctor has availability of all medical records related to the back.

Military and civilian.

 

All of the information is considered new/ relevant and should allow the claim issue to be reopened for service connection and rating purposes.

 

It may seem daunting, but medical evidence is undeniable by a specialist in that medical field.