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WVSERVER

Chief Petty Officers
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Everything posted by WVSERVER

  1. I now this has been answered before probably a thousand times before but my search-fu is off today so I will just ask, how can you tell if you are to be re-examined by the VA or not. I have read my initial award letter a couple times and can find no were it confirms or denies I will be re-exam. I ask this because I am getting a C&P exam later this month for some previously denied contentions( ) and I am wondering if I will get re-examed for the things I am SC for and the new contentions or just the new contentions. I am sc for sleep apnea 50% IBS,GEERD, Hiatal hernia to include chest pain, and spastic colon 30% Tinnitus 10% and 4 0% for a grand total of 70% I am hoping they wont try to drop others to connect new contentions.
  2. This STR Review has now turned into a claim, problem is now they are listing my pervious denied contentions as new contentions and the date of claim as 7-30-2013 when they started the review. All the contention were previously denied due to evidence that the VA had in its possession but missed when rating my initial claim. The claim date should be 3-2011 my original date also C&P exams have been ordered for the 19 of September. This STR review sit in under review phase for over a year I sent I very detailed message thru IRIS marked as a services complaint listing all of the above plus the fiasco of the Huntington RO denying four contentions stating that there was no manifestation of contentions in service records, then sending said records that showed manifestation of contentions when I filled an FOIA asking for my C-File. IRIS respond at the 14 day mark and stated that the IRIS inquiry was sent to the Huntington RO director for review and reply. With that being said the STR Review went from under review to prep for decision in a day's time frame, the next day it went back to gathering of evidence and changed from STR review to compensation for type of claim, listing the STR Review and the four contentions as new. With the date of claim being 7-30-2013 as that was the day they opened there review. I am hoping to upload all the evidence from my service treatment records pertaining to the four denied contentions, plus I am planning on writing and uploading a statement of claim explain the above and that the date of claim should be 3-2011 since this evidence has been in there possession the whole time, I will also look at CFR 38 sec 4 and 3 to see I can get some help from the reg. Plus I will also explain as long as they get the date of claim correct that would make the CUE moot point. Forgot to mention, I feel positive about this it seem like there trying to get this done in a timely manner as I have never had C&P ordered so fast.
  3. PR that might have to become my hail Mary option.
  4. Pete how would I go about that, at this point I am willing to try anything new, I am service connected for sleep apnea 50, IBS30, Tinnitus10, valvular heart disease0, hydronaphosis 0, Allergic rhinitis 0. All denied contentions were found in my STRS after I asked for a copy of my C-file and STRS. I was on tricyclic's while in the Air Force for body pain and was seen right after the neck injury occurred and was in and out of mental health my last two years. I even met with a services Officers who works for the VA he swears he emailed my RO explaining the situation and that I could provide all the records to them, he said he was told to back off the authorization review will end when they get to he also swears he was disciplined for emailing the RO. I never felt like I should have to file a cue to get them to do the right thing. My current VA Doc will not even allow me to bring up the fibro he wont even look at my AF records I was asking for medical clearance for a walk to wellness program at the VA he said choose in-between your neck and body pain and the medical clearance. I just said Doc we can simpaly make 10 years of records go away.
  5. I am running out of energy to fight the VA. Every contention that I was denied on due to no manifestations in service records is actually in my service records. When I requested my c-file I found more then enough records that pertained to my denied contentions. There are four contentions, Fibromyalgia, Re-accruing Major Depression with anxious distress moderate GAF 50 never higher than 52 in the last 8 years (Doc is currently marking my records RO on PTSD I don’t care what they call it), Bulge in C-4,5,7 and plantar fasciitis. I filled a CUE because I missed my 1 year mark, my Ro has also opened up an Authorization Review looking at the records that were not considered yet. The Cue is new the Authorization Review has been setting in the under review phase for a year now. Sorry about the negativity I just need a place to vent as my depression and Fibro get wore, it becomes harder and harder to stay working in my choosing profession
  6. happy for you on the win, good luck and God speed on the NOD
  7. haven't check in on hadit in a long time, funny thing is this admin review is still pending.
  8. I am hoping they do the right thing and save me appeal time
  9. My dependency claim that started on 1st Jan 2013 was finally finished up. The only thing that I have left with the VA is an Authorization review that they are conducting on my Service Treatment Records. They denied for depression, Fibromyalgia and Bulge’s in the C-4, C-5, and C-7. The reason for denial was no manifestation found in STR”S. I conducted an FOIA for my STR and brought all the records involving the above issues to their attention, once I did that they informed me they would now consider the records they missed to see if they will change my rating and that they could not estimate a completion date at this time. Ebeenies has showen it in under review since 8-05-13. Praying for a positive out for everyone here on hadit that is still waiting on the VA
  10. I have one also RO said the found STR that were not considerd in my claim and now they are considering them.
  11. http://www.foia.va.gov/docs/RequesterHandbook.pdf http://www.foia.va.gov/FOIA_Contacts.asp Second link lower left conner you will see a link to a sample letter. I fax mine to my RO FOIA officer it was on ebinnies within the week.
  12. Harleyman what do you think would be the way to go on getting them to reconsider the issues that they denied me as I have found records that pertained to all in my STR. I was denied fibro, flat foot, bulged disk in neck. And GAD/Major depressive disorder on the Grounds that there were no evidence of an in service occurrence in STR.
  13. I did get an answer on the STR/Authorization Review that popped on ebeenies the RO said in an email that they received some STRs that were not previously consider when my initial claim was rated. Anyone else what to weight-in on this and what my next move should be cue/nod of something else's.
  14. Great news, so happy for you. Good job and way to hang in there.
  15. Buzz congrats no worries I am very happy for you, enjoy it.
  16. Harleyman you were right I spoke to soon the letter on top only said a complete copy of C-file. However in my c-file were 2 inter office emails that had the email address blacked out. Someone at my RO was asking were my STR was located the response was the time and date that my STR was forwarded to the persons work station. Also on the issue of the of the 3 denials I believe I found the records needed to make a secesfull NOD/CUE not sure which I still need to research. GAD/Depression, I found a few records stating that I was showing symptoms of major depression and GAD and that the Doc was recommending I be removed from PRP (taking my access to firearms away) until I seen mental health, letter from metal health stating that I showed sings of Major Depression and GAD but by the time I received concluding 3 weeks later the symptoms were in remission. Also records showing that I asked if I could take leave while I was dealing with this but was denied. What really happened was the mental helth Doc basically said if I diagnose you with this your career is over before it starts, he then walked me and my records back to the Docs and told him I was clear for duty, which at that point I did not mind because while I was not working I was made as an NCO to wake up everyday at 430 am workout clean the squadron and work 6 days a week. So because of this fiasco I never went to a Doctor again and still have problems doing so. Bilateral flat foot. I could not find planterfaciatis in the CFR and went with flat foot, but i did find some records that support planterfaciatis not sure how to correct my error? Fibromyalgia, found a letter from my Doc to my Commander explaining what the condition was and that I was not faking, also explained to him that another Doc who's was a Full Bird had cleared me to take an antidepressant for it and keep on PRP because it was not being taking for depression. My Commanded in turn wrote a letter to my MED bord recommending that I be medically retired as I was a danger to myself and others because I was so tired and districted by my condtion, he did also state I was trying very hard to over come my issues and have not missed a day of work. Also found the reports of the bulges in my c-4,5,7 So Harleyman what are your thoughts on what my next move is my year mark is uo in November do I file a nod,cue or something I haven't heard of yet????? I did do an IRIS inquiry asking about the STR review/ Authorization Request it been about a week no answer as of yet. Should I wait for this STR review to be completed and see if they are Cueing themselves......?????
  17. Got a copy of my c- file but not my STRs but in the FOIA I requested both only received one so far but my RO closed out the FOIA. Hopefully the records I need don't go anywhere during this STR review, I am guessing this is the reason I have not seen my STRs yet. It really makes no sence 6 day after I request my STR the RO decides to review them.
  18. I have the same problem with anything that get directed to the Huntingtion RO either they are way late or don't even answer. You can file a complaint in IRIS giving the numbers from the question that never got answered of call the 1800 and do the same. other then that I think your at there mercy.
  19. I personally never us the 1-800 I only use ebinnies or IRIS.
  20. Harleyman thanks for the reply, and the time you have spent to this point helping me further understand this process. 1. No I did not send anything in since or right before my claim. 2. To my knowledge there is no cue or any other disagreement filed with my RO. I really don't think they used my STR in there decision, I had pieces of it, every contention that I claim that I had records for they connected the 3 I did not they denied. In years past I have FOIA them for a copy of my STRs, this was when I was still building my initial claim all they sent me was dental records saying that's all they could find. When I showed up for my C&P I asked the Doc if he got to review my records he showed me what the RO sent it was the same dental records that they had sent me. The Doc printed some of my records he found on a DOD sight plus I provided to him a copy of what I had. The 3 issues that I did not have records for they did not even ask for a DBQ for them or I could have probably got the DOC to print them also. Maybe this is positive and they found my STRs I know for fact that the 3 contentions that they denied were all over my STR but I did not have that portion of my records. But no matter what I will not let it keep me up at night as I know my intial rateing of 70 was built on pretty soild records as I was med borded in the Air Force. I will take your advice and send them an IRIS on the issue. Also this review showed up about six days after my FOIA in which I was requesting a copy of my STRs and C-file. Althought I think they are to busy for this but is it possible they seen my FOIA and decided to review my record to see if there was a CUE as I assume they now why you request them to begin with. All soo they pyramided GEERD, IBS, And Hiatal Hernia at 30%, but I thinks that's allowed from my knowledge. I will official stop racking my brain now, thanks for your time.
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