Question:

Left Army Jan 1999 after 10 years. VA C&P July 1999. Paper work for service connection on Right TMJ, Right Shoulder Bicep Tendinitis, and Right Foot Injury. Received 0% Service Connection for all 3 (I thought). Went to VA for treatment of foot injury Jan 2017, first time back since July 1999, was denied travel for not service connected.  2019 found that foot was never rated only Scar, Residual Right Foot Injury. (Metal piece shoot into foot and 2 surgeries to get it out on active duty). C&P Doctors notes, 1.Foot scar tender rated 0%. 2.Bicep Tendinitis was painful on use and tender around short head of bicep rated 0%. 3.Right TMJ was locking and painful and headaches rated 0%. I recently requested an increase for the 3 0% and to add Right Foot Foot Injury. Its in the investigation phase. What if anything should I do since I believe they made a mistake on this C&P from 1999?

Jim's Reply:

There's not much you can do since you didn't timely appeal.
If we believe an error is made in the claims process and that error causes a denial of benefits, we have one year from the date of the decision that we are allowed to appeal. If we don't appeal the claim is permanently closed and we'll have to reopen with new and material evidence at a later date should we want further action. If you believe that a serious violation of rules and regulations happened and you are sure you can prove it, you could file a Clear & Unmistakable Error (CUE) claim...but the CUE claim is steeped in legal technicalities and even most experienced lawyers won't touch that. We have to pay close attention to the rules when we deal with VA...they may not play by them all the time but we have to.