13 Year Old Claim From Kkmc Desert Storm

[Done wit this]

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

[Guest jstacy]

Macool, how long have they supposedly had all the information? They may be treating the received information as New Evidence which they often do just to stretch out a claim. With New Evidence, they almost start the process over. Have you received any Letters since the information was received?

I would be on my way to see the claim folder to see what was there and what was not. The Evidence may be there, but they may not even look at it.

I went last year and it pays to see the folder. I had received denial letters for years for Hypertension and Headaches. The Denials stated the record was negative for complaints, diagnosis, or treatment for these conditions. Well guess what? I saw the folder and found them both. I immediatly filed a CUE claim.

[Done wit this]

They have had all my Info needed in this Claim since March of this year. I have emailed and called the local RO and they the VA peaple said the Medical files I sent were there, they were sent with copys of the Original Denied Decision and copys - certified copy of a DD214 from active duty time of the Injury.I don't even know or understand why they need a DD214 from 6 years earlyer.

I just sent a certified signed proirity letter to the RO manager informing her of where the records are and requesting the decision be made with out this DD214 because it has no value on the Claim at hand.Also requested the Letter she was reading be put in my file. And stated that this old decision was a CUE, I was firm but polite on the letter. Hope that helps The mess

macool

[Berta]

They seem to employ illiterates at this VARO-

I just mailed Chairman Craig a 2 page complaint about them and exactly how this RO adds to the BVA backlog.

Veteran- have you possibly applied for SSI or SSDI benefits? They might have what you need-

I forget-do you have anything else going with any fed entity that could have these records?

What about Voc Rehab -could they have them? have you applied for VA Voc Rehab at all?

I think I am just looking for excuses for the distinct and proven fact that this RO often says they dont have what they do have-

I could write a book on them-

If you request a copy of your c file by mail (send the request to Donna Terrill and state the problem you are having with Ms. Kloc-) it will take time for them to copy all of your stuff but believe me I was shocked when I got a copy of my file -shocked-

everything they said they never got was in it-

to include a critical VA med report that could have resolved my 1151 claims in months instead of years.

They said it did not exist.

Yesterday I found in my c file another claim that they said last week that Rod never filed at all-

it was right on top of everything- and I re-opened this claim,attaching it to my initial claim over 10 years ago-which I won. This latest statement is one of the most bizarre things they ever said to me.

Did you ever register your DD 214 in the county offices in Hornell? That would provide a copy of it.

Vets-here in Steuben the county VSA recommends registering DD 214s with the county.

I sure dont. This is a way to hasten identity theft.

[Done wit this]

Well I Just returned from bath and I found The DD214 at the Bath co Clerks Office !!!!! Great . So I took a ride down the street to the bath VA and Saw Sire Pete Gliha . He informed me that he had sent one This morning to the RO .Great. !! But He wanted my copy too.so I said sure But give me copys of this co certified copy. Well some how I left with out one copy of the DD214 from 1985 to 1986. All that work and Driving and I don,t have in my hands what I went to bath For .I need a Muscle relaxer and a beer! I,m now not sure I trust him , I've requested two more copys from the Bath Co Clerks Office . Tommorro I go for a Cat scan of my Eye or Head to see whats wrong with my eye .and one of my Hip. I,ll pick it up then, And I'll send copy certified and signed prority mail . Just in case!! Keep on keeping on!!!

Rick macool

[Done wit this]

JULY 25th 2006 Getting there! I Hope??

Just keeping Hadit informed

I sent the Certified copys of the Original DD214 Monday the 24th. I sent them certified priority to the Buffalo VARO. Emailed the RO today they informed me that it would take upto 2 weeks for them to get new mail and get it to the proper file's and everything in line.Boy there Quick :) .Now that they have everything in line like they wanted How Much longer before they make a decision? does any one have any Idea how long from here? I still don't know why they even needed that DD214 it has nothing to do with the Claim. I,m just wanting to know how much closer it will bring me to a decision. That was the 3rd thing they needed from me and I can't think of a thing they don't have now .Even useless DD214's from 6 years prior? Does anyone have any idea how much closer.They have not asked for anything else.Could I finally be done with sending files and records??????????Sure Hope So

Macool

[Berta]

"How Much longer before they make a decision? does any one have any Idea how long from here"

Rick- I have dealt with this VARO for almost twenty years regarding claims-

I have seen them award in three months , three years, and in 12 years in the case of two of my vets.

In each of the above cases each veteran had ample medical evidence.

Within 4 months of my filing a FTCA claim (I had filed a Sec 1151 at this VARO on the same day)

this VARO's regional counsel wanted to settle with me- but then the VARO buggered up my 1151 claim real good-the MF showed up(Mysterious force) to snitch the evidence from my c file. Every time I replaced evidence it disappeared again.

That evidence included a complete medical report from the Chief of Staff at the Bath VAMC who totally agreed that the veteran had been severely misdiagnosed.

This was regional counsels evidence to award the claim.

This report vanished. I took three more years to get this rersolved at the VACO level-

When I requested a copy of my c file some years ago- all the evidence (there was more withheld from VACO docs and the GC too )that the "MF" had taken out- it was all THERE!

They are saying now they never received something in 1994- it is right on top of the c file copies they sent to me.

At this VARO they do have some real good claims workers.A claimant does not have any choice as to who gets their claim however-some are good-

my DRO- she was on the job for 2 days and denied my claim- with a copy and paste replica if the initial denial.She didnt have a clue what she was doing-

My vet rep met with Susan Kloc and the DRO they acknowledged my IMOs-to him- but haven't ever used them since-I actually copied it to the back of all VARO correspondence and sent it in many times-however recent action I took- I know they will acknowledge it now-

I think Susan is overwhelmed up there-but I dont care-she gets paid well-their director is Donna Terrill.

Question- did you get a VCAA letter? If so was it specific to your claim?

Did you satisfy by evidence what the VCAA letter asked for?

Pete is a great vet rep- I am having some POA issues with them -Cannon is my vet rep there -hope to get that resolved soon.