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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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This is just crazy
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Question
Mr cue
I am get very upset with the VA and all it's games
Ok I apply for mental health 2001.
Got Deny and nod.
Well the VA never cretifed the appeal again. So it sat in appeals status.
Well 2018 I used service records to reopen the claim. Granted 70%
Well the VA said they denied the claim.
So when I got the record for the court. I dispute there is no decision that part of the record.
Well here goes there response to the court.
That that denial was part of the decision that granted tdiu.
They are I guess saying it got denied in the body of the decision smh.
This is what I am going through.lol
In an RBA dispute filed with this Court on February 10, 2022, the pro se Appellant identified on p.1 of that Dispute that various citations in the record noted
a March 22, 2004, Rating Decision in which Appellant’s depression claim was denied but that “(t)here is no decision that was made 3/22/04 that is part of the record.” The Secretary notes that Appellant is presumably basing this statement on a citation in a July 5, 2018, Rating Decision, which notes that the evidence considered in that decision contained a Rating Decision dated March 22, 2004.
The undersigned reviewed Appellant’s RBA and electronic claims file in the Veterans’ Benefits Management System (VBMS) and could not locate a Rating Decision dated March 22, 2004, that mentioned a denial of Appellant’s claim of entitlement to service connection for depression. The undersigned then requested the assistance of the appropriate Department of Veterans Affairs (VA) Regional Office (RO) official in an effort to obtain or otherwise account for such a Rating Decision.
The official subsequently responded and stated that Appellant’s “claim file was reviewed, and it was found that the March 22, 2004 Rating Decision did include information regarding [Appellant’s] depression. The body of the decision mentions that an appeal was pending for a cervical spine injury along with other conditions, to include depression secondary to neck condition.” The information provided by the RO official corresponded with the March 22, 2004, Decision Review Officer (DRO) Decision. As such, the Secretary submits that the March 22, 2004, DRO Decision is presumably the same document referred to as the “VA rating decision dated March 22, 2004” in the July 5, 2018, Rating Decision. The undersigned notes that the March 22, 2004, DRO Decision is located in the RBA at R. at 2757-2761.
As such, the Secretary considers the dispute as resolved.
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