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@  chuck57thSig : (30 October 2014 - 05:51 PM) Sarti07, It's Under (Va Claims And Research) Http://www.hadit.com/forums/topic/59064-Prep-For-Decision-Phaseprovisional-Rating/
@  sarti07 : (30 October 2014 - 02:43 PM) Hello, I Just Posted A Topic About Prep For Decision.. I Have No Idea Where To Find It! Lol
@  carlie : (28 October 2014 - 03:42 PM) Reelnrod - Just Pick A Topic That Corresponds To Your Stuff And Post It
@  reelnrod : (28 October 2014 - 10:11 AM) So, How Do I Post A Topic?
@  Thadine : (28 October 2014 - 08:21 AM) Irrrl
@  Thadine : (28 October 2014 - 08:18 AM) Fishing License
@  Thadine : (28 October 2014 - 08:14 AM) Thadine Quick
@  red : (27 October 2014 - 12:14 PM) Anyone Heard Any Updates On Flying Space A For 100% Disabled Vets?
@  maxwell18 : (27 October 2014 - 10:49 AM) I Did Contact My Congressman Jeff Miller, Let's See What Will Happen
@  maxwell18 : (27 October 2014 - 10:48 AM) @britton
@  Tbird : (27 October 2014 - 04:26 AM) Thank You Larry S For Your Contribution To Our Funding Campaign
@  britton : (26 October 2014 - 07:33 PM) Everyone (Veteran's) Should Recive A Memo From The Dept Of Veterans Affairs ****notification Of Medication Scheduling Change****
@  britton : (26 October 2014 - 07:24 PM) Meds That Are Consider To Be Schedule Ii Narcotic...pain Meds Like Hydrocodone Ectt Ect,,
@  britton : (26 October 2014 - 07:22 PM) As I Understand We Only Can See The Va Dr's Every 28 Days To Renew Our Prescription Meds A New Law Went Into Effect Oct 6Th 2014....i Only See Problems Problems Problems With This...grrrrr
@  maxwell18 : (26 October 2014 - 03:52 PM) This Is Maxwell18 Would The Person Who Contacted Me (Vern2) Please Contact Me Again, I Attemped To E Mail You It Returned No Reply. Thanks
@  Tbird : (26 October 2014 - 05:12 AM) Thank You Maxwell18 For Your Contribution To Our Funding Campaign.
@  Notorious Kelly : (25 October 2014 - 07:53 PM) Max- Contact Your Congressman- Dea Has Got Docs So Cowed They're Afraid To Dispense Tylenol
@  maxwell18 : (25 October 2014 - 07:10 PM) Anybody Having Problems Getting Pain Pills (Norco) Filled Us Navy Base (Nas Whiting Fld Milton Fl). Had A Prescription For 90 Norco Pills For 30 Days, 3 A Day For Pain, Got 30 For 30 Days. That Will Last Me 10 Days. Another Thing That Our Government Is Screwing With Us. I Don't Know What To Do, Don't Want To To The Va, Don't Know What They Will Either. Anybody Goy Any Ideas. 
@  Burt : (25 October 2014 - 10:28 AM) Does Anyone Else Here Wear A Don Joy Armor Knee Brace From The Va?
@  red : (24 October 2014 - 10:10 AM) Any News On Space A Flying?

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Reopen Claim That Has Nod Since 2011


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#1 klovisk

 
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Posted 02 April 2013 - 11:18 AM

Hello, I am confused as to why the VARO reopened a right knee claim that has been in appeal since 05/2011. In March 2013 I faxed the RO and pointed out that my SMR has treatment records of my right knee in service. They had previously stated that I was denied because there was no proof that the injuries ocurred in service.

Also, the 05/2011 NOD includes back and left knee, which are being reviewed for an increase (don't know why the date is changed to 03/2013).

 

05/04/2011 Notice of Disagreement (NOD) RO 05/11/2011 Appeal Pending BVA

 


Claim Received: 03/19/2013
Claim Type: Compensation
Estimated Claim Completion Date: 12/01/2013 to 06/04/2014

Contentions: back condition (Increase), left knee condition (Increase), right knee condition (Reopen)
Claims Status Process



#2 Berta

 
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Posted 02 April 2013 - 12:01 PM

It sounds to me as though they might call a CUE on themselves and reverse the  decision you filed the NOD on.

 

Orr they are now considering the claim based on 'newly discovered Service records."

(38 CFR 3.156 et al)

 

"In March 2013 I faxed the RO and pointed out that my SMR has treatment records of my right knee in service. They had previously stated that I was denied because there was no proof that the injuries ocurred in service." That has changed everything on the right knee claim.

 

Do you yourself have copies of those SMRs?

 

This really gets me...why didnt the VA pick up on the inservice treatment when you originally filed the claim.

Sometimes I wonder if they even read SMRs and this is why it is always a good idea to highlight on a copy of pertinent SMRs with a bright mgjic marker and refer to the entries along with the rest of the evidence being sent in for the claim.( to include an evidence list and sent in with a Proof of mailing.)

 

Good for you! You didn't let them get away with that erroneous denial.



#3 klovisk

 
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Posted 02 April 2013 - 05:38 PM

Thank you for your response. I do have a copy of my SMR's. It is hard for me to digest, understand and remember things, but at least I finally caught the error. It scares me that the CnP doctor and the RO did not see this themselves. I know that we are our best advocate to win our claims, so I do try to read and re-read my documents, to make sure I did not miss something. I had my SMR records since 2010, but it took this long to understand that the RO said the injuries did not occur in service, while in fact my SMR records say otherwise.

 

Thank you again for the assistance you provide. It is very much appreciated.






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