What can I do about an admin error made by the VA on my claim in 2003?

SSG Dale London — Sat, 20 Jul 2019 21:41:36 -0400

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?

Response by Capt Daniel Goodman made Jul 20 at 2019 9:46 PM

Capt Daniel Goodman — Sat, 20 Jul 2019 21:46:38 -0400

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?

Home

Response by COL Gary Gresh made Jul 20 at 2019 10:04 PM

COL Gary Gresh — Sat, 20 Jul 2019 22:04:14 -0400

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

Response by 1SG Private RallyPoint Member made Jul 20 at 2019 11:31 PM

1SG Private RallyPoint Member — Sat, 20 Jul 2019 23:31:20 -0400

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.

Response by 1SG Private RallyPoint Member made Jul 21 at 2019 1:19 PM

1SG Private RallyPoint Member — Sun, 21 Jul 2019 13:19:39 -0400

As others stated, Request for a Review Based On Clear and Unmistakable Error (CUE).
If you're not confident handling it yourself, contact a Veterans Service Organization (VSO) before you give away any money to folks who charge. This shouldn't be a difficult win.

Response by SFC Ralph E Kelley made Jul 21 at 2019 2:02 PM

SFC Ralph E Kelley — Sun, 21 Jul 2019 14:02:47 -0400

Re-file - Sometimes it takes years to appear.

Response by PO1 Steven Kuhn made Aug 18 at 2019 2:03 PM

PO1 Steven Kuhn — Sun, 18 Aug 2019 14:03:55 -0400

I broke my back in 4 places in 1988. I was trying to get disability cause after 5 more surgeries I was on social security disability. The rating doctor looked at all my info and said I should have been retired from active duty to injured medical reserve. He said I would be elegible for active duty pay, raises, vha , etc. Then I asked if he was rating me st 100% and he said no. It took 5 years to get 100% and they back paid me one month. We had to wait another 7 years to get permanent and total and the man that saw me the first time apologized.

Response by PO1 Steven Kuhn made Aug 18 at 2019 2:07 PM

PO1 Steven Kuhn — Sun, 18 Aug 2019 14:07:55 -0400

Another suggestion is to join the DAV because they advocate for disabled veterans all the time. One last suggestion is a letter to Congressman Phil Roe who is in charge of the committee over the VA. He assisted my son with his VA benefits......hope this helps. Any questions just message me.