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!

[Carl the Engineer]

I had a similar thing happen.  I claimed a skin condition that I was treated for when in Iraq, when I got out in '08.  It was denied, as it had "resolved itself" which happens, and was the denial for a couple more of my conditions.

I was still having medical issues with the skin condition, so years later, I submitted a re-open, with new evidence, from the current doctors visits as evidence.

I was Service Connected for the condition and given a rating.

So, you won't get your original denial date for you re-open claim, but at least you can get it service connected. 

Just re-open your claim from 2000, and put in all of the new and (I included) old medical information.

Service Connection and a rating, even zero, is what you want.  At first.

Then build on that later.  Too much for the VA to chew on at one time might not get the results you want.

That's what I do/did,

Hamslice

One step at a time.  My thoracic started a 20, and now is 60 with all that it brought with it.  

[broncovet]

You posted:

Quote

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.

 

Sometimes, you get bad information from VSO's, VA employees, (either on the phone or in person), or even hadit members.  However, with hadit, if you post bad information, most of the time some else will notice and post "different information".  This is why you get better info on hadit, because its "fire tested".  

Let me give it a shot.   I see it you have at least 3 choices:

1.  File CUE on previous denial.  

2.  Reopen with new and relevant evidence under 38 CFR 3.156.

3.  File a supplemental claim.  

      It appears you have been given bad advice from somewhere.   Both of the parts, above, in bold,  are horse puckey.  

First, "ALL" new evidence would occur after the initial claim, because it would not be "NEW" if it were prior to the claim (unless VA did not have that in their possession).  

In regard to the second "BOLD" VA has a policy that you can submit a new claim at any time.  

https://ptsdlawyers.com/blog/how-to-reopen-a-va-disability-claim/#:~:text=Veterans are allowed to reopen,You missed your appeal deadline.

and:

https://www.va.gov/disability/how-to-file-claim/when-to-file/