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Filing a NOD to correct an effective date
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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 by VanillaXtractfix formatting
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Vync
@broncovetmakes a great point about two-way communication. When the LHI NP opined a denial on an unclaimed condition (yes, that happens), I checked with the VA and learned the decision was not yet fin
pacmanx1
I guess I am not understanding your question and I am not trying to be negative but a lot of veterans file claims and fail to go to the C & P exam or do not have medical evidence of a current disa
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 unti
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