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Denied Claim - Reversed - Rating ?

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Guest haroldkd

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Guest haroldkd

If you get an old denied claim (for not service connected) reversed. They never put a rating on the old claim because it was stated as not service connected. Where do you get a rating.

In my case they are giving me a 10 per cent rating on the scleredema that they have stated is service connected. But that rating only goes back to August of 2004.I am putting in a NOD for that rating to be increased

and requesting a scars rating because all of the problems with the disease is on the back of the head and neck and underlying thick skin and headaches caused by this. Also limited neck and head motion.

I am also going to try to put a nexus between the '61 decision and the present decision.

And/Or if that fails would they give a rating from the medical reports and file from 1961 or would the rating be " 0 "? ?

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If you get an old denied claim (for not service connected) reversed. They never put a rating on the old claim because it was stated as not service connected. Where do you get a rating.

In my case they are giving me a 10 per cent rating on the scleredema that they have stated is service connected. But that rating only goes back to August of 2004.I am putting in a NOD for that rating to be increased

and requesting a scars rating because all of the problems with the disease is on the back of the head and neck and underlying thick skin and headaches caused by this. Also limited neck and head motion.

I am also going to try to put a nexus between the '61 decision and the present decision.

And/Or if that fails would  they give a rating from the medical reports and  file from 1961 or would the rating be " 0 "? ?

<{POST_SNAPBACK}>

Was the 61 rating "not service connected" for scleredema?

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undefined I think, that if you had a claim for service connection for scleroderma in 1961, and now VA grants a 10 percent for the same, you probably had a link all along for service connection for scleroderma. You probably could go back to 1961 and get retroactive pay. Make sure that in your NOD you request retroactive pay back to 1961, also request for and increase do to your thickening scars of back of head and neck, causing increased headaches and limiting head motion. If you are taking meds you should mention the side effects. Hope this help.

If you get an old denied claim (for not service connected) reversed. They never put a rating on the old claim because it was stated as not service connected. Where do you get a rating.

In my case they are giving me a 10 per cent rating on the scleredema that they have stated is service connected. But that rating only goes back to August of 2004.I am putting in a NOD for that rating to be increased

and requesting a scars rating because all of the problems with the disease is on the back of the head and neck and underlying thick skin and headaches caused by this. Also limited neck and head motion.

I am also going to try to put a nexus between the '61 decision and the present decision.

And/Or if that fails would  they give a rating from the medical reports and  file from 1961 or would the rating be " 0 "? ?

<{POST_SNAPBACK}>

Edited by rigo
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Guest haroldkd

They first diagnosed this as multiple sebaceous cysts, chronic, recurring of the back of the neck in 1961 and said they were costitutional or developmental abnormalty not a disability under the law.

In the decision July 22, 2005 it says and I quote

Service connection for scleredema (also claimed as miltiple bumps and infection on the back and sides of the head and previously denied as multiple sebaceous cysts on the back of the neck) has been established as directly related to military service.

Although scleredema is a congenital condition, service connection is granted because it may be triggered by infection and in this veteran's case, it first arose while he was on active duty. a 10% evaluation is assignedd because none of the requirements for a 30% evaluation is shown. The effective date of the grant of service connection is 7-24-04, the date of receipt of the veteran's reopened claim.

There is a lot to this old denial but I will fight thru there double talk and try to win this battle.

The big thing on going back is that it was in the diagnosis chronic and recurring

that would have brought into play 38 CFR 3.303 (B) Principles relating to service connection That would have made this skin problem service connected. And that regulation was brought in - - - NOTE (26 FR 1579, Feb. 24, 1961 ) 8 months before the decision in 1961

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The diagnoses of scleroderma in the claim of July 22, 2005 for the same signs and symptoms that the veteran suffered in 1961, the diagnoses of scleroderma in 2005 made the rating decision of 1961 also service connected.

They first diagnosed this as multiple sebaceous cysts, chronic, recurring of the back of the neck in 1961 and said they were costitutional or developmental abnormalty  not a disability under the law.

In the decision July 22, 2005 it says and I quote

  Service connection for scleredema (also claimed as miltiple bumps and infection on the back and sides of the head and previously denied as multiple sebaceous cysts on the  back of the neck) has been established as directly related to military service.

Although scleredema is a congenital condition, service connection is granted because it may be triggered by infection and in this veteran's case, it first arose while he was on active duty. a 10% evaluation is assignedd because none of the requirements for a 30% evaluation is shown. The effective date of the grant of service connection is 7-24-04, the date of receipt of the veteran's reopened claim.

There is a lot to this old denial but I will fight thru there double talk and  try to win this battle.

The big thing on going back is that it was in the diagnosis chronic and recurring

that would have brought into play 38 CFR 3.303 (B) Principles relating  to service connection That would have made  this skin problem service connected. And that  regulation was brought in - -  -  NOTE  (26  FR 1579,  Feb. 24, 1961 )  8 months before the decision in 1961

<{POST_SNAPBACK}>

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If you get an old denied claim (for not service connected) reversed. They never put a rating on the old claim because it was stated as not service connected. Where do you get a rating.

In my case they are giving me a 10 per cent rating on the scleredema that they have stated is service connected. But that rating only goes back to August of 2004.I am putting in a NOD for that rating to be increased

and requesting a scars rating because all of the problems with the disease is on the back of the head and neck and underlying thick skin and headaches caused by this. Also limited neck and head motion.

I am also going to try to put a nexus between the '61 decision and the present decision.

And/Or if that fails would  they give a rating from the medical reports and  file from 1961 or would the rating be " 0 "? ?

<{POST_SNAPBACK}>

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