C&P exam wrong back in 2005

[mwillis71]

So back in 2005 when I seperated from the service, I had no idea how this process worked. I was lucky enough to have someone when I out-processed tell me to submit my medical records to the VA. When I was called in for exams, I had no idea why I was even there. It turns out that they denied me for a couple issues that were clearly service connected. Now that I know how this process works, I went back and reviewed my decision letter. The examiners claimed that I denied right foot pain and denied anxiety depression. Like I said, I had no idea why I was even there. However, I don't recall ever denying the foot pain or anxiety/depression. I reapplied in 2015 for anxiety/depression and was awarded 70%. My question is, can I submit something that would deny ever saying that those issues (foot, anxiety, depression) were currently affecting me. I know I never said that. I just didn't make it real clear and I never signed anything denying it. What can I do? I have all of the medical records and proof from my military medical records still. 

[Mr cue]

To me it sound like you would have to cue the old. 2005 decision.

An base it on inadequate medical opinion and that your service records were never address.

Now here the thing do your service records show treatment for the.

 foot pain or anxiety/depression.

I

[mwillis71]

Yes, my military medical records do show anxiety/depression and foot pain. 

[Mr cue]

So I would do the cue. Based on this.

And your evidence.

I would also use.

Section 3.156©, however, is fairly straightforward.  If VA or a claimant discovers a service department record, such as a service record, service medical record, or unit report or log, and it is relevant to a previous decision, VA must reconsider that decision.  If reconsideration of the claim with the newly found record results in an award, the effective date of that award is the date that the originally denied claim was submitted, no matter how far back.  38 C.F.R. § 3.156©(3).  

I would also use this because you were later granted the issues.

 

 

[mwillis71]

They had the records and acknowledged the medical issues. The problem is that, during my c&p exams, they claimed that I denied having the conditions anymore so they denied me based on the assumption that they weren't chronic. I was young and didn't know ANYTHING about this process, so I never disputed the claims. Hell, I didn't even know what they meant. Now that I know all of this, I feel that they screwed me out of years of pay. They acknowledged my anxiety/depression in 2016 and rated me 70%. I feel like that should be retroed back to 2006 though. 

[Mr cue]

Yes I understand that.

But the only way to get the 2005 decision open is to cue it because it is final.

The cue must be based in the law you don't think they followed.

1. Inadequate medical exam is one issue.

2. You were granted the condition later what did they use or service records or evidence did that use to granted it later. 2016.

There are other law you should use to do the cue.

You can't use new evidence.

To prove they cue

 but you can use the granted of the issue later to show the error.

That I would handle it.

Other my feel different

[mwillis71]

Ohhhh...I see what you're saying now! Ya, that makes sense. They approved the anxiety/depression in 2016 with the same previous records but I submitted a statement claiming ptsd as well from the same event because I began to have some serious behavior issues. So they clumped all 3 anxiety/depression/ptsd into one. Do you think that will nullify my point since the ptsd was added?

Edited February 25, 2022 by mwillis71