![]() ![]() This happens because the bureaucrats deciding VA claims have little or no medical knowledge or training, and are punished for thinking outside the box. Most commonly this occurs with secondary conditions – conditions that the medical record clearly indicates are caused by the service-connected condition. While granting one claim, the VA turns a blind eye to a fairly obvious claim in the record that the Veteran may or may not have specifically asked for. In fact this scenario occurs very frequently. However, in the ratings decision, the VA fails to address the ischemic heart disease, even while granting Service-Connection for the Diabetes based on Agent Orange Exposure.Ī claim like this might be “reasonably raised” by the record. The treating physician’s records are replete with diagnoses of an ischemic heart disease. To confirm the diagnosis of Diabetes, the VA receives medical records from the Veteran’s treating physician. He tells the VA that he has Diabetes Mellitus Type II. ![]() However, if a claim is “reasonably raised” by the record, then the VA’s failure to address it could be considered an “implicit denial” of that claim.Ī Vietnam era Veteran who served at NKP in Thailand files a claim for service-connection due to Agent Orange exposure. The VA doesn’t have to go digging through your C-file to find every viable claim. In fact, they commonly “overlook” this basis for an earlier effective date when Veterans find new military service records or military treatment service records.Ģ.) Show that the VA should have granted an earlier claim date based on the “implicit denial” doctrine. “An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim ” If those records lead to a grant of service-connection for a previously denied claim (even if finally adjudicated), then 38 CFR 3.156(c)(2) contains the following requirement: 38 CFR 3.156(c) requires that the VA reconsider any previously denied claim to which those records might apply. You, the VA, or any third party discovers service records or service medical records that were not previously included in the VA C-File. Here are 2 of the most common legal theories to argue for an Earlier Effective Date in a VA Disability Compensation Claim.ġ.) Reopen your claim, and prove service connection, based on military service records or service medical treatment records. While there are 2 legal processes to pursue an earlier effective date, there are several legal theories that can be used in those processes. In a previous post, I talked about the only 2 legal processes through which a Veteran can raise a claim for an Earlier Effective Date. ![]()
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