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Jimmer

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Hi Guys, I wan to thank you for all the help you have provided, it has been  great for me!  I have a question.  I will try to make this brief, as possible.  About three years ago, I felt the V.A. was "stonewalling" me on a couple of issues, my back and my lungs.  I call the V.A  line to MacDonald and Hinkley , and within a week, I was contacted by a RO from Phoenix, Az.  She was handling my case, and just need completed DBQ's and Nexus letters, and any recent tests pertaining to my back and lungs.  She said no C&P exam was necessary.  I provided her all the documentation, and she said this was want she needed to finalize everything.  I get a letter for a C& P exam.  I tried contacting the V.A. in Phoenix ,Az,  but no success.  I tried contacting the RO but I found out later she was transferred from Phoenix to San Diego.  I went to the C&P exam, because I know what happens when you don't go.  This is the doctor I think I told you, told me, "wow your in bad shape".  You back is really bad, and you have bad lungs.  The he said "I am probably going to deny you, because that's what I do.  But appeal, and you should win".  He denied, and I sent a NOD.  I had a DRO hearing March 2016.  I provided all the information.  But I neglected to provided the e-mails that I had, documenting from the RO that I did NOT need a C&P exam.  I didn't bring it up in the hearing, because I couldn't fine them. and I thought they might have it in their files. (I know stupid me).  I haven't received a decision yet.  Do I wait until, if I am denied and provide the e-mails, or should I send them now, before a decision is made?  I don't know what to do.  Thanks again,   Jimmer

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One other thing.  I do feel that not having to go to the C&P exam would have a significant effect on my case. The RO was basing everything on the information, I sent her.     Jimmer

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When you were you denied and you then sent a NOD.........how long was it from then to March 2016?   Just curious if that VA phone line call made any difference time-wise to be seen quicker?  

 

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Wayne TX, It was five months.   When I contacted MacDonald and Hinkley, things seemed to move fast.  I was denied in October 2015, and had my DRO hearing March 2106.

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What did you tell VA to make your Appeal move that fast?    That is really fast from a NOD filing to a Hearing Date.  All I keep hearing is it takes 18-24 months and in some cases even longer to get a Hearing.

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Wayne Tx, I had called MacDonald's office, and Hinkley's office, (They were in charge at the time)  and told them I was being "stonewalled", that nothing was being done.  I felt like the V.A. just wanted my situation to disappear.  I told them I had been waiting over 2 years and nothing.  That got things moving.  However it has been 16 months since the DRO hearing, and I haven't had a decision yet.

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We filed the DRO with the NOD, in June 2015. We are still waiting, so it takes a very long time. They are not in any big rush apparently and while claims may be processing quicker the appeals part is not. Suddenly we got a call for all kinds of normal medical exams (not C and P) in February 2017. Which we just completed. We did Audiology, Pulmonary, Blood work and Labs galore, Ear Nose and Throat, and an Infectious Diseases follow up. All done by the Chief of the Departments listed. Also Cardiology. The odd thing was we were addressed by the Chief of each clinic, not the usual residents. I had them copy every Medical report as well for us to use, and I have a current nexus from a doctor who is a forensics and occupational /industrial health independent examiner who clearly stated the stroke was due to hypertension, which was shown in military medical records and the COPD Lung problems due to pesticides and hydrocarbon exposures,  I have proof from affidavits from other buddies, a statement from the Chief of Environmental Management that states they were using the chemicals, thousands of pages of medical documents supporting the presence of illness, and a recently found DOD industrial Hygiene Report showing the bases conditions that needed to be addressed and was dated for exactly the time period I was there, and showed excessive noise, excessive levels of Carbon Monoxide, and use of the chemicals 8 hrs a day, by 5-8 men from April until October due to pests and need to clear brush, both inside and outside throughout the base, WITHOUT protective garments or masks. I have 2 separate occupational exams that also state it is likely I was exposed to both Asbestos and or Silica dust as well and confirmed by Industrial Hygiene, and a 1962 Report from the Army Surgeon General. All of which I have submitted to the RO . I also found the BRAC IRP  that showed the findings, and numerous other documents from OSHA and EPA that there were multiple RODs from the area and required clean up. I am pretty sure there is more to discover but will now hold it until the DRO hearing and Appeal. So like the rest we are just waiting and waiting. We also last week were directed to the DBQ Clinic. That was a new one on me. Thinking they screwed up somewhere and want to try to cover their mistakes, Already have the nexus opinion by Dr regarding Hearing Loss, Tinnitus, Hypertension and Stroke, and Lung disease they are now calling Chronic. So be patient and keep digging. The longer it does the more you can find.

 

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