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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.