vern2

Funny thing about my ED claim, as it was denied because of my medications AND age. Hell, that was what I stated as well as 3 doctors, my HTN meds caused the ED. It is on the warning that comes with meds. VA doc and VSRS both stated my ED caused by medications and age. I am on appeal, as the meds that cause the ED and HTN both cause the ED. The doctor did not even have a current list of my meds! Mere speculation and BS! My claim has IME and DBQ from urologist, but both ignored.

I do not have any Mental health records. I have dental and STR records, including when I was on flight status back in 80's with gunships. it seems that a lot of the stuff that VA sent to me was fluff, many copies of same record. A lot of useless stuff that is in my c-file. my file weighed over 20 pounds, and if I were a rater, I would be lost trying to dig through it! I tried to make things simple, send in list of evidence, with tab numbers, page numbers, but what I received was a mess. VA has no organization. I have seen pictures of piles of files, with documents hanging out of them, no way to run an organization. Oh well, as long as management gets their bonus. Funny thing about the bonus system that is in the news, does not trickle down to the worker bees! I saw a web site that had the actual names, pay grades and amount of performance compensation of the GS 5, 9, and 11, 12. Most received $200-300, some as much as $500. This appeared to be nationwide trend. I was more concerned with St. Pete, but checked Phoenix, Atlanta and Indianapolis as well. my Va doc complained to me about his boss getting a $63,000 bonus last year, but did not believe him at time. It now appears he was correct.

I requested and finally received a partial copy of my c-file last year. I noticed that missing much of documentation that I had submitted. I sent another FOIA request, to which they replied that they working to see what was releasable and what dat to be redacted or not provided to me! WTF is this possible, they decide what to release to me in the c-file? This can be prejudicial to me if they with hold documentation that would help my claim. What can I do?

I saw same thing when I was awarded my htn claim, guess anything less than 100% or whatever can be appealed.

I would think that the DRO is going to offer you a deal. Take notes and bring someone else with you. Do not rush into accepting their offer. Tell them you need time to consider the offer. They will usually low ball you, offer 30% when the regs state should be 60% or more. Ask to see the regs that support their offer. Then go home and do some research into the offer. One thing to beware of would be the effectve date, as this is an area that the VA will try to cheat you. I know accusing the VA of cheating is unheard of :)

Have you had your heart checked via echocardiogram? If the echo also reveals dialation of heart, can be 30% rating. I keep log of my BP readings, it is about 2 inchs thick. This was helpful in my claim. The fact you had high bp readigs while in service AND are taking medication for it makes your case stronger. BTW: Were you taking the HTN medication while in service? Hamster Man

Please see some of my previous posts as had same question about VA examiner not reviewing or considering all the medical documentation that the claimant provides. Discovered that the VA can get away without reviewing ALL the evidence. I think this is wrong!

At this point prefer not to say due to CUE that was filed. The C & P examiner was an elderly doctor, family practice, not a cardiology or allergy doctor.

I used the ASKNOD tactic and wrote OGC a letter after 49 days and no response from RO on my FOIA letter for copy of my c-file. Got the c-file in less than 2 weeks! Now I have discovered that did not received complete c-file as requested, as denial letter quoted some evidence that was not in my records or copy of c-file, so another FOIA letter, will wait 20 business days and then do the OGC letter again.

try this, I sent a 5103 in with my initial claim and they ignored it, just got a letter with 5103 request? WTF. The VA is a broke entity. Another delay, while I re-send a document that they already have!! This gets my BP up which is a bad thing.

checked my copy, and I did check that box.

The eBenefits site was up and down all weekend. This is a familiar pattern for last 2-3 years, up during week and down on weekends. IT must be getting a lot of overtime! I wonder if those having problems logging in have "Premium" accounts? I got my "premium" account by going to local VA facility and registering in their health system and got my VA card. This enables me to log in using the DS log in protocol. JMHO, as noticed that I was able to log in when many state they can not log in to eBenefits. Hamster Man, aka Vern

I tried this at my last C & P exam, as knew going in that my c-file was incomplete due to me submitting documentation via VBMS. I tried to show the doctor my other medical evidence, but he declined to even look at it. You were lucky to get the examiner to state that c-file had not been delivered in timely manner. Noticed also that my 20 pound c-file was not what the doctor had, he had maybe 2 inches of records, not the complete record.

Found this while doing research in CAVC: Welch, 08-3923, United States Court of Appeals for Veterans Claims There is, however, no requirement that an examiner discuss all of the evidence in the record; rather, the examiner must consider all of the relevant evidence before forming an opinion. Stefl, 21 Vet.App. at 123; Ardison, 6 Vet.App. at 407. Additionally, there is no reasons or bases requirement imposed on a medical examiner other than to describe the disability in sufficient detail for the Board, as set forth above. Id. (quoting Green v. Derwinski, 1 Vet.App. 120, 123 (2007)). In my case, noticed that the examiner overlooked or ignored 90% of my medical evidence, including IMO, DBQ, to arrive at this opinion. The big question is why is there not a requirement for the examiner to discuss all of the evidence in the record, instead of " all of the revelant evidence"? This seems to be wrong to me, as what I and my doctors consider revelant may not be considered revelant by the VA medical examiner. Does anyone have any experience in this area with their claim?

IMHO NEVER USE A VSO. Do the claim yourself. This web site is good place to start. Used VSO twice, and gave me bad advice twice! Best thing to do is do the claim yourself.

way back when I was drafted, my first job in Army was gunner on tank. Guess what! I have high frequency hearing loss, never filed a claim, but went to VA for hearing aid and was turned down. Have had this problem since mid 70's. BTW! We used no hearing protection back then.

funny thing is I used the 526ez, should have been simple claim, but nothing with VA or any federal agency is simple!

See my post on preparing for a c& p exam. Download and fill out the DBQ's for what you are claiming. One important thing I did was upon completion of the exam, go out in lobby and immediately write down what areas that the doctor seemed to be asking leading question. Write down anything that you can remember. In my exam, I had my printed DBQ's and looked over it as I responded to the doctor's question. I made notes on what I told him. I was not surprised to see that the doctor put down what he wanted, not what was told him. I did this in 2012, and the VA had to re-do the exam!

Does the medical person doing the exam have the exam reviewed by the C & P unit director prior to it being submitted to the VARO? I remember in old days, there was a senior doctor in charge of this team and he/she had to sign off on each exam. Is this still being done?

Sent the VARO a new claim on June 2, 2014, went to eBennies yesterday and saw this: note the VBMS notation. This must be the one where they scan and put everything into VBMS. This is also the claim that my certified mail said was forwarded to Newnan, Ga.I sent them everything I could possibly think of and yesterday their automated 5103 response states they need more evidence. WTH! BTW: what is an automated 5103 esponse? Hamster Man Details of Your Claim Claim Received: 06/04/2014 Claim Type: Compensation Estimated Claim Completion Date: 03/08/2015 to 09/01/2015 Contentions: VBMS (New) Claims Status Process Skip the Claims Process and go to the current phase. Claim Received Under Review Gathering of Evidence Review of Evidence Preparation for Decision Pending Decision Approval Preparation for Notification Complete Next Steps: We will review all available evidence and make a decision on your claim upon receipt of all requested information as outlined in the headings, "What Do We Still Need from You?" and "What Have We Done?". Several factors will determine the duration of the "Development" phase, including: type of claim filed number of disabilities you claim complexity of your disability(ies), and availability of evidence needed to decide your claim. Additional Details Regional Office of Jurisdiction: St. Petersburg Send Documentation To Department of Veterans Affairs Regional Office Regional Office PO Box 1437 St. Petersburg, FL 33731 Upload Documentation What Do We Still Need From You? Your Attention is Needed Automated 5103 Notice Response Date Requested: 06/26/2014 Due Date: 07/26/2014

well, checked with local USPS, was in there an hour. The did some research, and discovered that the VA FORWARDED my letters to Newnan, Ga. The clerk said several others had experienced the same thing. I sent an IRIS inquiry, waiting to hear from VA.

Oh, and do this during week. My JACC is closed on weekends, especially pharmacy!

Pete 992, is correct. Make sure you have an empty bottle with Rx number on it. I have done this, when meds ran out. The question is narcotics, as my meds were hypertension. hamster man

What federal law is being violated when a VA C & P doctor admits that he has not read or reviewed yor c-file PRIOR to your appointment. I have read that this a frequent violation of federal law, but which law? Tried to do a boolean search in 38 CFR, but could not find it. hamster man