The VARO missed a diagnosis for my claim! Need advice please. in VA Disability Claims (General) Forum

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The VARO missed a diagnosis for my claim! Need advice please.

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SonsOfLiberty	The VARO missed a diagnosis for my claim! Need advice please.		Lead	[-]
Posts: 68 Jun 6 11 7:10 PM	Tags : bilateral, dro, knee, pain, cue, vba I was told that my claim for my left knee pain was being sent to the VBA because I had failed to show injury or aggravation during service by the DRO. I was diagnosed with BILATERAL knee pain/ tendinitis in my service records. What can I do to prevent my claim to be sent to the VBA for something they obviously missed? I know they want to wash their hands of this but it's not right. I have a little more than a month to submit a VBA claim or start over. What can I do? Can I file a CUE, reconsideration, or something else? And if so, how do I go about it? I got doctor statements backing me that my left knee has been getting progressively worse since my time in service, which I submitted as well. The VARO defense is that it neither occurred or was aggravated by service because there in no proof but want me to submit an application for my right knee? How can I keep it with the VARO and keep my original date of claim?
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Ilyanir		#1	[url]	[-]
Posts: 2033 Jun 6 11 7:22 PM	Not sure on this one, I'm sure Cruiser or one of the more experienced people on the board on this issue will be along to give you information. Sometimes I think the Regional Offices would rather cut off a hand than submit to being fingerprinted to prove they committed a crime. I've had numerous things overlooked over the years and have repeatedly run into a brick wall claims wise. It took me twelve years for them to finally grant me service connection for my PTSD and MDD. I understand your frustration all too clearly. Hang in there. "The Rough Rider"... "Far Better It Is To Dare Mighty Things..... Than To Take Rank With Those Poor Timid Spirits Who Know Neither Victory Or Defeat." Theodore Roosevelt 1899
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SonsOfLiberty		#2	[url]	[-]
Posts: 68 Jun 7 11 12:37 PM	I was also thinking of submitting it as a fully developed claim, since it is, if possible and still keep my original date of entitlement. The VARO denial is very weak, but their knowledge of bureaucratic red tape is second to none from my experience.
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The Old Medic		#3	[url]	[-]
Posts: 6024 Jun 7 11 1:57 PM	You file a "Notice of Disagreement", and do it now. If you have your service medical records, highlight the parts that diagnose your knee, and send a copy attached to your letter. This happens all the time. It's not that big a deal. Do NOT start over, just do the Notice of Disagreement (NOD), tell them WHY you disagree, and that's all you need at this point in time. US Army 1959-1969; Germany 1960-63; Medic 1964-69 SFC E-7 MOS: 55G10 (60-63) , 91B40, 91C40, 91F40 (64-69) Registered Nurse, 1968-2005 (Licensed, not practicing after 1975) Ed.D in Rehabilitation Counseling, Certified Rehabilitation Counselor Retired, Licensed Clinical Psychologist, Independent Social Security Contract Vocational Expert 1983-2005, Contract Medical Expert 1987-2005 60% Service Connected Disabled; Life Member of the DAV since 1980
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martinezp	make sure	#4	[url]	[-]
Posts: 179 Jun 13 11 8:06 AM	make sure you make a copy of you (NOD), Sometimes they say they never got it.
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