Filing a NOD to correct an effective date

[VanillaXtract]

I have received a rating decision that granted me disability for my back and neck. I made the claim 08/10/2021. Back in 2008, I filed the same claim but as I was fresh out of the Navy I was not able to take off work to attend the appointment, so my claim was denied. Fair enough, I get that. However, in 2017 I put in a supplemental claim as my issues were getting worse. The claim was denied because:

"The claim for service connection for back pain is considered reopened. However, the evidence

continues to show this condition was not incurred in or aggravated by military service.

A review of the evidence shows you were previously denied for back pain by Rating Decision

dated May 29, 2008. You were previously denied because we were notified that you failed to

report for an examination scheduled in support of your claim. The evidence did not show a

current diagnosed disability. You were notified of this decision on May 30, 2008.

We have been informed that you have missed the VA examination scheduled in support of your

claim. There is no information presently indicating good cause for absence on the scheduled

appointment date. As a result, medical evidence that could have been used to support your claim

was not available to us. Please notify us when you are ready to report for an examination."

 

At the time, there did not seem to be a way to notify them other than filing claims that I was ready for an exam. So I made the 2017 supplemental claim and subsequently received a denial letter with no recourse. Does this seem valid for a NOD on my effective date back to 2017? If so, do I write a supporting statement and are there certain things I need to be sure to include?

redact 2017.pdf redact 2022.pdf

Edited September 20, 2022 by VanillaXtract
fix formatting

[Whodat]

Some Vets are happy of the way the VA system is going. But the majority of the vets are complaining which some are valid complaints on how the VA is treating vets with the lies, denied and delays until you die. There are over a million vets in the U.S. as of today. 

I am not trying to be political but we do have our rights and should be heard. 

If I had the money, I would sponsor every vet to make a trip to the department of veterans affairs, Washington DC so that we could be heard. What will that accomplish, have no clue but should raise some eyebrows as to what the department of the VA promised with the new AMA claims which in my opinion isn't working but getting blamed due to covid outbreak. AMA was implemented in Feb 2019 and in 3 and a half months, we will be welcoming the year of 2023. 

Not trying to be political. Just my thoughts and opinion. 

[broncovet]

Based on what you posted, you are missing Caluza element number 1, "a current diagnosis"

My advice is to order a copy of your medical file, and look for yourself if a dr diagnosed you with the claimed condition.  

If you have the diagnosis, then go ahead and check required elements 2 and 3: 

2.  In service event which caused your disabilitie(s).  

3.  Nexus or doc opinion that your current disability is at least as likely due to an event in service.  

Get the caluzas and get SC.  

Miss one or more caluza's..get denied.  This is what the c and p was about.  This said, mostly, you dont have to have a c and p exam if you already have the Caluza elements.  Check it to find out.  

1.  If you have the Caluza's, send a Cue alleging you have the caluza's, contrary to the decision which denied them. 

2.  If you dont have all 3 CAluza's, get them and file again.  You may need an IMO/IME if VA docs wont provide a nexus.  

[VanillaXtract]

Thank you all for your advice. I think I am missing some vital info in my original post, which I will attach redacted award letters. I recently received an award for my back and neck. However, they only go back to 2021 when I filed the supplemental claim. I am looking for advice on filing a NOD and see if I can get the effective date to go back to 2017.