Posted on Jul 20, 2019
What can I do about an admin error made by the VA on my claim in 2003?
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I filed for disability for hearing loss, chondromalacia patella of the right knee and undiagnosed knee pain of my left knee in 2003. They service connected my hearing loss and right knee CMP and gave me a 0% rating on those. They also denied a claim for a 10% rating for multiple noncompensable service connected disabilities (which I did not apply for, but thanks for thinking about me). But they made no mention at all in any of their correspondence of my left knee pain.
I did not notice this when I got my decision in 2004 but I have been preparing an application for increase and found the left knee claim in my original application. I have double and triple checked. The VA never even looked at it. They just pretended it was not on the form.
Then I found the real kicker. I had claimed undiagnosed left knee pain but it HAD been diagnosed during my separation phyisical. The doctor noted that I had BILATERAL chondromalacia patella -- not just the right knee (which did get service connected). The record of that physical is in my service medical record and the rating narrative said those records were examined during the rating process.
Does this meet the standard of a "Clear and Undebateable Error?" And what can/should I do about it?
I did not notice this when I got my decision in 2004 but I have been preparing an application for increase and found the left knee claim in my original application. I have double and triple checked. The VA never even looked at it. They just pretended it was not on the form.
Then I found the real kicker. I had claimed undiagnosed left knee pain but it HAD been diagnosed during my separation phyisical. The doctor noted that I had BILATERAL chondromalacia patella -- not just the right knee (which did get service connected). The record of that physical is in my service medical record and the rating narrative said those records were examined during the rating process.
Does this meet the standard of a "Clear and Undebateable Error?" And what can/should I do about it?
Posted in these groups: 
Department of Veterans Affairs (VA)
Disability
Department of Veterans Affairs (VA) Disability
Posted >1 y ago
Responses: 7
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Clear and unmistakeable error are the key words that you must state somewhere in your appeal paperwork. I would recommend putting in a VA 21-526EZ for a Supplemental Claim/ Claim for Increase at the same time as your Notice of Disagreement. Both issues are on the table, but have different development.
If successful, you will get a retroactive rating for the previously undiagnosed knee condition.
If successful, you will get a retroactive rating for the previously undiagnosed knee condition.
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http://www.vetadvocates.org
Trust me, NOVA helped us get my whole thing done, we switched it to one of their guys after it got too involved for a vet group, which really tried, however, it was way too complex, honest...check their search engine, call their ofc, we paid $500 for the consult, our NOVA guy did 3 yrs active, and did 35-40 yrs of VA-disability law, he knew more about it than God, and got us pro-bono help from another labor law firm near him and us, one of the two attorneys from there went with us to see the BVA traveling-team judge, the $500 was the best money we ever spent, he took only what back money VA and Congress allowed, he's one of the reasons, we know there's a real reason God invented attorneys, honest, I've sent them in here many times, as have others, trust me, try them, OK?
Trust me, NOVA helped us get my whole thing done, we switched it to one of their guys after it got too involved for a vet group, which really tried, however, it was way too complex, honest...check their search engine, call their ofc, we paid $500 for the consult, our NOVA guy did 3 yrs active, and did 35-40 yrs of VA-disability law, he knew more about it than God, and got us pro-bono help from another labor law firm near him and us, one of the two attorneys from there went with us to see the BVA traveling-team judge, the $500 was the best money we ever spent, he took only what back money VA and Congress allowed, he's one of the reasons, we know there's a real reason God invented attorneys, honest, I've sent them in here many times, as have others, trust me, try them, OK?
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Capt Daniel Goodman
I could tell you about the whole six and a half yrs we needed to get me finally approved, though it'd be a waste of time...please just believe me, and call them, or search their site, I assure you, they're pretty much at the top of the VA-disability law food chain, other than the vet groups, and law school vet law clinics, honest....
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Capt Daniel Goodman
I realize that, honest, I do, please know, I generally get that thought quite frequently on here, and, as I've said elsewhere, maybe here, we really did have my thing under one of those major vet groups, honest, it's just that mine was SO horrendously involved, that if we hadn't used our NOVA guys, we never would've had a chance...I've got enormous regard for all the vet groups, honest, it's just that, for REALLY complex cases, many others we'd had me chat with told me to go with NOVA, that's why we finally opted to switch my whole thing to one of their guys, however, I entirely fathom your point, certainly...law school vet law clinics as also good, IF you can get them to actually take you, they just can't and don't always take all cases, that's up to their faculty, not the law students doing the research, obv, our guy was involved with one of those near us we'd gone to for other stuff unrelated to our whole claim thing for me, we'd just wanted to ask some stuff, our NOVA guy told us later he did stuff with them, as well....
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This is an easy one. You have two very valuable assets living right in your own community. DAV. disabled American vets , places a staff member in every VA hospital who’s ONLY JOB in life is to assist you! Go see him. He will get the call rolling. Then. - in you own community you have a department of social services. Most DSS buildings also have a county vet rep. One the DAV HAS FILED THE CORRECTED APPEAL you simply register with hour home town vet rep and he will monitor your claim and keep you posted. Both of these people are GREAT. use them. Good luck. G
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SSG Dale London
Thanks for this and I wish I could do what you suggest but I live in Scotland and my nearest VA hospital is 2000 miles away.
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