Help Needed

[cbpritchard]

Good morning

So let me begin by identifying the fact this is going to be similar to the post most new comers have, and I apologize if there is any inconvenience. At this time my anxiety is very high and I find myself so very unknowledgeable about what will happen in the short future. In July of this year I submitted three claims with my local VA representative, I had a C&P exam in September and was denied claim for all three aliments in November. The documents stated that there was evidence showing I suffered from all three complaints prior to my military service, 1. Severe Chronic Sinusitis 2. Acid Reflux 3. Chronic Sinus Migraines(Headaches).
I DEP in the US Army in 2004 at the age of 19, I can only imagine the "evidence prior" was from the well established senior physician who did the pre basic exam asking questions such as " have you ever had heartburn". I had no coaching prior to that interview, no one told me that I may need to say certain things to avoid issues later in life. I was a  young and healthy man, I could not slightly remember any doctors visits minus a issue with breaking my left finger at that age.
I never had any allergy concerns, once and a while I would sneeze and as a young man that didn't know any better I probably told the examiner I had allergies (correlating) the sneezing or coughing. In November of 2004 my unit was dispatched to train in California, while rail heading our equipment to AZ, my unit was informed a vehicle in our company which was under my ward being a Humvee mechanic was sabotaged somewhere between KS and AZ. The initial information was the perp had been a decorated individual who came back and had issues with personal conduct which involved his court martialing. This vehicle was TC'ed by the NCO who testified in that CM, I suppose he thought by placing various unknown chemicals into that vehicle he could blow it up like in the movies.
Anyways I was informed the vehicle had to be towed to CA from AZ, upon arrival I was ordered to take the fuel cell out and clean it due to it having to be used for training. "White Cell" we were told would be responsible for removing any contaminates in the cell before work would be done. When I was ordered to work on the tank, there was literally 6 inches of sand/mud caked on the cell and I had no choice being a PV3 but to begin working on this vehicle. When I unbolted the metal strap the half full cell fell from the mount snapping the lines and the system depressurized and blew fuel and whatever contamination was in the tank with it all over me from head to waist saturated.
Now sorry for that long story, fact is there was never an investigation I flushed my eyes changed clothes and had to finish the job. The clothes I wore had to be thrown away due to giving other "soldiers" migraines in the tent. 3 weeks after the incident my world began to change. Honestly it has been absolute hell, some doctors though I was lying some didn't I was honorably discharged because I had so many health issues there was no way I could continue.
The three claims I filed were complaints that started post the incident, no doctor I have spoken too seems to agree on the same reasons but I have without a doubt been treated for the three conditions numerous, and extremely numerous times from the VA and my local physician.
I was told that I needed to speak with my VA doctor and my local doctor and have them put into writing how they feel I suffer from issues derived from the above conditions I claimed, I have had a lot of trouble getting the VA to understand this. They think I am trying to get the doctor to write how I should get a percentage for the conditions which is not the case. I simply need them to put how in their opinion from looking at my medical history from VA and Local that I suffer from those conditions.
I know these conditions are not "normal" things people claim for and there tough to win, but without a doubt these three conditions change my life forever. I spend thousands of dollars treating them and have been ridiculed and suffered discrimination to no end, especially during the first 4 or 5 years post military of attempting to learn to live with my conditions.
I'm not trying to get a pity card, I did not give up what others did and I will never take any more credit than I deserve but for them to deny me based on "prior evidence" and "no evidence post" is entirely unfair in my opinion and I intend to prove that.
Any help and information is very appreciated.

[MikeHunt]

The DRO is exactly what it says- a 'Decision REVIEW Officer.'  They 'review' the decision. (Ha-ha, right)

If you file new evidence, that's a 'reopen' or, w/i one year it's a 'reconsideration.' New evidence just goes back into the usual process-

In other words: new evidence, a DRO is no longer involved.

And, of course they're going to deny it. You think a VA employee is going to go out of their way for you and decide against somebody that's sitting four cubes away? I'm sure it's happened, but about as often as you find a bag of money sitting on side of road.

Or I'm grossly misunderstanding, here

[Buck52]

see what Ben Kruse says   

http://www.disabledveterans.org/2011/11/05/the-decision-review-officer-and-you-be-afraid-be-very-afraid/

[Buck52]

Personally I think its the Luck of the Draw   what type DRO a Veteran gets makes a BIG difference!

If you have a good re pore with your DRO  usually things can be worked out  and they test you  like I had a DRO  ask me if I was willing to take another C&P..I said hell yeah I will...he then talk a little more on my claim  and said I think we have enough evidence to make a decision   that  C&P won't be necessary.

but I had a good re pore with him  we kinda joked around before the hearing and hit off good right from the start.

They don't like to hear things like I hope bygod I get this f***** claim settled once and for all I'm fed -up with the f**** VA...YOU NEED TO REMEMBER YOUR IN THEIR TERRITORY.

[cbpritchard]

Without a doubt I agree with the DRO, and RO comments. I remember my RO well the lady who did my C&P exam, man she was a tough cookie. From the get go I felt she never heard a word I was saying, I remember telling her that she could go to the private records of pharmaceutical records and make notation of how many times I am treated with a particular medication yearly. 

On my denial report, she answered the questioneer saying I did not recieve medication for treatment of condition over 4 weeks a year and right there in my private records it was clearly, clearly a yes answer.

Anyways kind of switching gears here, my VSO she is cool very responsive on email but when I met with her I could see that she struggles with understanding appeals process. We briefly talked about an attorney who she mentioned was a wonderful lady. So longer story short, I spoke with the attorney, we spoke for nearly 1hr30mins about my accident. 

A few of you gentlemen and ladys have mentioned that its not about the money, im going to go clock into work in the morning, then the next. Thankfully im not in a position where I have to have this money, so I am not going to risk not having the most powerful new evidence and material I can for my appeal. I don't care if I ever see a dime, but there not going to tell me I do not suffer from this. When I get the attorneys contract, if its the 20% of backpack like she said then I will without a doubt sign. I have my work cut out for me, its too late fo rme to file a suit for the neglience by the unit and or the hazardous waste unit on Ft. Irwin and thats cool. 

I have already spoken to a couple of my NCO's, they agreed to write statements to go along with my appeal. They were not there when the accident happened, but they do recall the vehicle being sabotaged and me coming back to the tent with the fuel all over me. Thats a start, I have no clue how im going to find the soldier who was with me on site during the accident but I will not stop.

Thanks for everyones help, by chance when it comes to those "buddy" statements what is the format of which is prefered?

[MikeHunt]

God, some people just love to hurt others. Sounds like a concentration camp somewhere is missing one of it's doctors.

Hire your own C&P examiner? Example:

Old Thread for a Dr. Bash

Have the NCOs write a concise statement- There's no format that I know of. Some say to have the writer include evidence they were actually at the unit at the time you were- Like the writer's 2-1. I wouldn't- They have to accept stuff unless there is clear and convincing evidence to the contrary. Adding more just gives more targets to shoot at, so to speak.

Once you have new evidence, reopen (reconsideration)- No need to appeal.

I hear you on the frustration with these people.

[Andyman73]

Good ol' NTC Ft Irwin.