Denied Claim - Reversed - Rating ?

[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 "? ?

[WeAre#1]

Remember this....there are three basic requirements to establish a disablity is related to military service. First, there must be an in-service disablity or disease (or aggravation of a pre-existing condition, or secondary to a service conneced condition). Second, there must be a current diagnosis of the claimed disablity. Finally, there must be medical evidence (usually a medical opinion from a doctor) the disablity at the very least, "is at least as likley as not" related to military service(or in your case was aggravated by infection while on active duty). With this is mind listen to this little VA history lesson.

You see the laws which govern the VA's duty to assist the veteran were not really favorable to veteran's until the enactment if the Veterans Claims Assistance Act of 2000 (VCAA) (also refer to 38 C.F.R. 3.159) The changes VCAA brought forth removed the requirement of a "well grounded" claim. By well ground is basically meant every piece of the above basic requirements were needed for full consideration by the adjudicator. Under current regulation if you had a current diagnosis and an in-service injury or disease, VA is required to seek a medical opinion. Back then the VA would give an exam, but not ask for the opinion. If the doctor inadvertenty made the link or the link was obvious, service connection was granted. If it was not obvious, or the medical opinion was not provided, service connection was denied. It was up to the veteran to appeal this decision and obtain the medical opinion to substantiate his claim with the medical opinion at this point. If no appeal was filed, the decision became final, and then new and material evidence (refer to 38 C.F.R. 3.156)was needed to reopen the claim.

When VCAA came it was great. However, the regulations did go back retroactively. Unfortunately, this means the new and material evidence requirements still affect you. Therefore, the only way you will get your earlier effective date is if the evidence of record at the time your decision was rendered in 1961 shows you had all three basic requirements.

I do not say this to discourage you. But I think it is only fair you truly understand obstacles you will face. I assist veterans with thier claims on a daily basis, and I can provide you any refrences you may need.

Merry Christmas

[WeAre#1]

Remember this....there are three basic requirements to establish a disablity is related to military service. First, there must be an in-service disablity or disease (or aggravation of a pre-existing condition, or secondary to a service conneced condition). Second, there must be a current diagnosis of the claimed disablity. Finally, there must be medical evidence (usually a medical opinion from a doctor) the disablity at the very least, "is at least as likley as not" related to military service(or in your case was aggravated by infection while on active duty). With this is mind listen to this little VA history lesson.

You see the laws which govern the VA's duty to assist the veteran were not really favorable to veteran's until the enactment if the Veterans Claims Assistance Act of 2000 (VCAA) (also refer to 38 C.F.R. 3.159) The changes VCAA brought forth removed the requirement of a "well grounded" claim. By well ground is basically meant every piece of the above basic requirements were needed for full consideration by the adjudicator. Under current regulation if you had a current diagnosis and an in-service injury or disease, VA is required to seek a medical opinion. Back then the VA would give an exam, but not ask for the opinion. If the doctor inadvertenty made the link or the link was obvious, service connection was granted. If it was not obvious, or the medical opinion was not provided, service connection was denied. It was up to the veteran to appeal this decision and obtain the medical opinion to substantiate his claim with the medical opinion at this point. If no appeal was filed, the decision became final, and then new and material evidence (refer to 38 C.F.R. 3.156)was needed to reopen the claim.

When VCAA came it was great. However, the regulations did not (CORRECTION!!!)go back retroactively. Unfortunately, this means the new and material evidence requirements still affect you. Therefore, the only way you will get your earlier effective date is if the evidence of record at the time your decision was rendered in 1961 shows you had all three basic requirements.

I do not say this to discourage you. But I think it is only fair you truly understand obstacles you will face. I assist veterans with thier claims on a daily basis, and I can provide you any refrences you may need.

Merry Christmas