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Service connection denied

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Ivor333

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Hello! I would like to ask for advice or an opinion from anyone who knows what is going on. I had been denied service connection for my shoulders pain issue, I have medical records of going to physical therapy while in service, also MRI results ((done while in service) that that say I have rotator cuff partial tears. But way letter says what is on the picture. What should I do? P.S. VA examination was performed 6 months prior I got and MRI.

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Resubmit it and point specifically to where/when in your STRS and your post-service records this treatment appears. If you have records, send them, don't assume that when VA requested them from the Service that what they got was complete- what I usually see is far from it and I have to more than one request. Usually someone else did one months or years ago, and I do another one and end up with more stuff that wasn't originally in the STR or personnel record. If you have private treatment send those, too, or at least fill out a 21-4142/4142a with the info on it that gives VA your authorization to request from that provider (its only good for a year, then it expires). 

 

 

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Resubmitting may work, however, unless you are actually awarded benefits, as a result of the resubmission, then be sure to appeal within the one year appeal period.  

I cant tell you how many Veterans regret "not filing an appeal" to a denial, to include me.  If you pass the one year appeal period and then appeal, the VA has a gorilla who stamps "claim denied" on all of them.  The one year appeal period is strictly enforced and the courts have also enforced the one year appeal period.  

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With me i waited years after the denial my only savior was the VA was Wrong to Deny based of evidence and was called out as a CUE. But thats almost never the case so never let the window Close…

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The BVA judges are more your friend on appeal than the VARO.  I know this from 30 years of successful experience handling my own claims and appeals to the BVA and U.S. CAVC.

I also learned that filing HLRs and even Supplemental claims with VARO was a waste of time and added many months to the time before I could appeal to the BVA.  

Your best bet is to appeal ASAP to the BVA if you believe you have strong supporting medical and other evidence to support your claim/appeal.  Let other turkeys worry about the national que, waiting times and log jams.

My comment/appeal is not legal advice as I am not a lawyer, paralegal or VSO.

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Here's my thought.

As I have no idea about any of the below if you have done any of it move on.

1. Sing up with http://Login.gov

2. The easiest way to submit documents is at https://access.va.gov/

3. Click on "I am a Veteran." this will take you to the next page.

4. Click on "Direct Upload."  You will login with your Loging.gov ID. It will take you to a page where you can upload your Documents from your computer. You will have to categorize what you are uploading in the system. It will generate an email receipt that you should save and print out and keep also.

You can also use this to submit your VA appeals forms. (21-0995 & 21-0996, BVA.) 

If it was me and you are under the 1 year appeal time. I would file a Supplemental Claim and state that you have new and material evidence. The new and material evidence is EXhibit "1" medical records of going to physical therapy while in service"., Exhibit "2" MRI from STR's, etc.(and I mark each doc with a cover that says Exhibit "X""XXXXXXX") 

The VA when they deny your claim is spouse to list all the evidence that they review. I would do the above even if they did list on or two of the doc's you are talking about in the denial letter. What this does is forces the VA to deny or admit that the information is or is not in the record. If they say its in the record than there should have given an opinion as to why its not relevant.

I would be interested in seeing the denial letter if you can up load it. (Redacted Please) I am sure others would be interested too.

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