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13 Year Old Claim From Kkmc Desert Storm

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Got A Question On how I can Get the VA to move Quicker on this claim.

This is what I've done so far. I filed a claim in 1993. It was Denied in 1997 after the NC VA could not locate my medical files from time served in South West Asia. I continued Trying to Locate this missing Records at least once a year. Now after all this time I have received these Records that Clearly state the Accident, day and time - 4 times in the files. I was seen 4 different times for the same thing. I have Reopened the Claim sent these files to my Regional VA Office in Buffalo NY the 1st week of March. Followed by many other statements from Docters and Employers telling the on Going problems I have had. They have received all this and still have not made any move on doing the right thing? The Original Claim was Denied Because of lack of evidence. No medical records from time in service to prove that it was a service connection Injury. This is why it was denied. Would not the missing medical records be all they would need to seal the deal? How can I get them to move on this? I am no lawyer but it sure looks simple.What can I do to get them to move on this? Help!!

Thanks for the help - macool

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I believe I would send the VA a certified letter requesting a hearing and review of all the information you have that proves your claim. Do a little research on the net under 38 CFR and find what may relates to your claim and use it.

Hope this helps.

38 C.F.R. 3.303(a)

General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran's service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

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I believe I would send the VA a certified letter requesting a hearing and review of all the information you have that proves your claim. Do a little research on the net under 38 CFR and find what may relates to your claim and use it.

Hope this helps.

38 C.F.R. 3.303(a)

General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran's service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

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Got A Question On how I can Get the VA to move Quicker on this claim.

This is what I've done so far. I filed a claim in 1993. It was Denied in 1997 after the NC VA could not locate my medical files from time served in South West Asia. I continued Trying to Locate this missing Records at least once a year. Now after all this time I have received these Records that Clearly state the Accident, day and time - 4 times in the files. I was seen 4 different times for the same thing. I have Reopened the Claim sent these files to my Regional VA Office in Buffalo NY the 1st week of March. Followed by many other statements from Docters and Employers telling the on Going problems I have had. They have received all this and still have not made any move on doing the right thing? The Original Claim was Denied Because of lack of evidence. No medical records from time in service to prove that it was a service connection Injury. This is why it was denied. Would not the missing medical records be all they would need to seal the deal? How can I get them to move on this? I am no lawyer but it sure looks simple.What can I do to get them to move on this? Help!!

Thanks for the help - macool

You Know You would think a claim this easy to see, that the Original decision was made without Medical files proving what I claimed back in 1993 that the VA would settle it .Instead of let it lagg on and on it takes no Lawyer to look at this and say we messed up give the man some help !! I've got 5 kids . I could not treat a dog this bad. I will Research the 38 CFR and see if this will help! I,ll tell ya what I'm getting a forced education on VA claims. but hey I,m a fighter and this is just another type of fight . I,ll try this ammo if this don't work I'll try something else Thanks for any help I can get!! :(

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Don't give up. You might consider a trip to the VARO to review your file with a Councellor and point it out so that they can make a more informed decision.

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Don't give up. You might consider a trip to the VARO to review your file with a Councellor and point it out so that they can make a more informed decision.

What do you mean by making a trip to the VARO? what is the VARO is that the Regional Office in Buffalo? I am new at this and I am learning , Would I need an appointment ? One thing I will Garentee you I won't give up ! 15 years since the Injury and I just came up with Medical files no time to stop thats for sure!

Thanks Pete you have to same name as my state vet counselor :(

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  • HadIt.com Elder

Macool

Way to go. You are correct call the VA 800 827 1000 punch 0 and ask operator to connect you to a VA Counselor Once you get them ask them for an appointment to review your "C" File. They should be able to give you appointment pretty quick. This would be your opportunity to show your stuff and review your file.

I guarantee that you will be surprised we all were. Reviewing a Veterans C File may be the most important thing a Veteran can do to speed things up and correct problems. You will not be left alone with your file but you can request copies on the spot.

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