Denied claim, Diagnosis wasn’t included

ChairborneMoperator

New Member
Registered Member
On August 7, 2018 my claim was denied due to lack of evidence. C&P Examiner stated I lacked any proof of evidence for condition while in the military and I am undiagnosed. Examiner stated I was referred for a medical diagnostic test but that I never made the appointment. I did make the appointment and don’t understand how the examiner came to that conclusion. August 13, 2018 diagnosis is confirmed with testing done by the VA. However, my claim was already completed. I just started looking into this again where discovered this discrepancy. My question would be do I just need to present the new evidence to that existing claim? I appreciate any advice on this matter.
 

SFC H

Well-Known Member
PEB Forum Veteran
Registered Member
Can I file a Supplemental Claim?
In order to file a Supplemental Claim, you must add evidence that is new (or not provided to VA previously) and relevant to your case. You can file a Supplemental Claim anytime, but we recommend you file within one year from the date on your decision letter.
Note: You can’t file a Supplemental Claim if you have a fiduciary claim or a contested claim.
 

ChairborneMoperator

New Member
Registered Member
I am currently looking into getting some buddy statements VA Form 21-4138 from a few people including my company medic. Here’s the following timeline:
July 11, 2018 made initial claim
August 2, 2018 C&P examination
August 7, 2018 C&P examiner claimed I never scheduled said test. Reviewed by VA
August 13, 2018 Test done by VA diagnosed the condition.
August 25, 2018 VA came to decision not service connected.

Can I use the buddy statement as new evidence? Also this claim was started within a year of being medically retired and I received medication for the condition oct 30, 2017 just after separation. I appreciate the feedback!
 

Camp P Marine

PEB Forum Regular Member
PEB Forum Veteran
Registered Member

NEW AND RELEVANT EVIDENCE

"To complete your application, you must submit new and relevant evidence to VA or tell us about new and relevant evidence that VA can assist you in gathering in support of your supplemental claim. If you have records in your possession, please attach the records to this form. Please list your name and file number on each page. If you would like VA to obtain non-federal records, please review your decision notification letter for the appropriate authorization forms to complete and submit those forms to VA with this request form"
 

oddpedestrian

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Not sure why you even filed a claim without a diagnosis in the first place setting up you up for a longer and harder appeal option. Now that you have a current diagnosis you are still lacking the in-service treatment to connect the claim. You will now need a nexus connecting your current condition to your military service buddy statements won't cut it. The nexus needs to be written by a doctor.
 
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