[Submitted the NOD and was granted secondary service connection]

Hey and Howdy, I submitted the NOD and just received back a letter from VBA stating that the appeal for my left foot neuroma is being granted secondarily to service connection injuries.

I did not receive a statement of case, date of claim or percentage granted. The e-benefits web site says the date of claim was in 2005 but no exact date. 

The letter goes on to say that the VBA will be getting in touch with me in a couple of months or so.

Is this standard operating procedure not to relay date of claim or percentage granted?

Thank You,

T. Lawler, E-5, medically retired

 

[VA asking questions on injury background. Warranted?]

Just now, Treymon said:

They were supposed to render the 100% in 1990 but could not find my claim that I filed in 1990 but I do have a copy or proof that I filled of that filing from a decision in 1990. I had to go to the Denver VAMC and find Vee Blackstock who was retired from that office and she found all the medical records that I needed to prove that I was diagnosed with PTSD.

 

 

 

Just now, Treymon said:

 

 

Just now, Treymon said:

 

 

[VA asking questions on injury background. Warranted?]

On 11/2/2021 at 5:47 AM, Berta said:

They must have had them (your service records) when they awarded you the 100%. When was that?

" I sent another letter to the Claims Intake Center to Janesville, WI and got one response saying that they would send a disc (that could be read by any computer) but would not send a paper copy."

Did they send the disc?

Is it possbile that you applied for SSDI fairly recently ,when VA awarded the 100%, beause the SSA office that handled your SSDI claim, might still have those military records. 

Like others here, I am quite confused with your post.

 

 

[VA asking questions on injury background. Warranted?]

I have a weird question and need some help in trying to figure this out. I thought that I was working with a Member of the VFW on my claims. Turns out the person that I am working with is an employee with the BVA and has no affiliation with the VFW. This person has been answering my questions with links and I have been going to those to get my enlisted service records and C-file. I received a letter from the BVA saying that they could not find my enlisted service record and or C-File. I sent another letter to the Claims Intake Center to Janesville, WI and got one response saying that they would send a disc (that could be read by any computer) but would not send a paper copy. 

I went to a VES meeting in Eugene Oregon and the attending physician denied my claim. He said that he could not find my enlisted service record any where! How can I have just disappeared!

I have received no further response from them since around May of 2021.

How do I get to the bottom of this and find out what is going on?

Thank You Ladies and Gentlemen,

Thomas "Trey" Lawler

Letter to VA Claims Center Redacted may 2020 .pdf

[Clear Unmistakable Errors]

TWIMC: I am trying to file a claim based on a Clear Unmistakeable Error. My back was injured during an accident on a ship as were my knees. All of this is in my service medical record. I can't find the forms to do this and was needing help on where to get the forms. The e-benifits site keeps indicating that this feature is not available anymore and I was wondering which site I should go to to get this accomplished. 

[VFW problems here in Oregon]

TWIMC: If anyone has any advice for me it will be greatly appreciated. I am having some problems with the VFW here in Oregon. Every time I ask them for help with my claims I keep being told that their computers are not working or I found out the forms that I have filled out have not been sent to the BVA. I was told that the forms that the VBA received were blank. I have sent in forms for intent to file and various NOD's and the VBA says that they have never received them. I do not know what is going on but would really like to get the straight skinny on what I should do. I guess with this Covid 19 virus going around that they just can't get to it but this has been going on for almost 2 years!

I was working with an elderly vet in Springfield, OR and was told that He was just getting to old to help anymore.

I just got through a total right knee replacement (9th Surgery) and have had two lower lumbar surgery's (Laminectomy fusion L-4, L-5 , S1, and tailbone removal) and revision surgery that required hardware removal due to the off label use of this Medtronic Infuse bone graft mechanism that has caused scar tissue to grow back so that it impinges on my sciatica leg nerves, scrotum, testicles and other things.

I am really getting to where I just don't know what to do about this anymore. I wish the VA would just fix me up so that I could re-enlist!

Thank You for responding to this thread,

Thomas Lawler

[Clothing Maintenance Denied and Recertification of Disabilities]

Senior Chief, don't quite understand. Please clarify. Thanks

[Clothing Maintenance Denied and Recertification of Disabilities]

I was wondering what is going on at the VA. I had my CMA denied because the rubber tip on my bilateral elbow crutch is not worn enough. I was told by the prosthetics rep that she received orders from a "Head Honcho" to deny everyone because they wanted to stop the Veterans that are labeled "double dippers" from utilizing the new law. I got mad and went to see the head honcho of the VA in Eugene, OR clinic. He told me that the rubber tip on the crutch was not worn enough so that is why it was being denied. I told him that I have been receiving the CMA since 2005 and he told me that the VA would now require that I give back all of the CMA money? He went on to further state that he is recommending me for recertification of all my service connected disabilities. Why am I being labeled a "Double Dipper"? and Why do I have to be recertified for all of my service connected disabilities? Is this legal?

[Veterans Law Judge no longer works for VA and my appeal]

I retained an attorney to get SS disability. Then the Attny's said that they did VA work as well. I was awarded SS disability right at the time the fee increased. It was within in thirty days. I told the attorney that they should refund me the difference, which they refused. I got into an argument with the attorney firm and told them that we had agreed on a different amount and that they should do the right thing and give me the difference back. The SS law judge said that since the initial filing was prior to the pay increase and that the attorney firm should reimburse me but that it would be a civil suit if they did not. They didn't and told me I had to sue Social Security.?!!!

I then got another Veterans Advocate, the VFW, and dismissed the attorney firm. I sent a letter to the BVA about his change. The Attorney firm then went to the BVA and had all of the claims that I had submitted prior to having them represent me and also all of the claims that they had put together removed from the docket. I had to get help from the VFW to reinstate all off these things. The attorney firm tried to get 50% my PTSD rating back pay award and the DAV intercepted this error and stopped it. (the DAV was who represented me during my initial filings back in the month after I got our of the service.) 

When I tried to get a copy of my c-file, I was told by the BVA that the attny firm already got the only copy that I was entitled to and that I should go to them to get it back. The attny firm said that they no longer had any of my records and that they mailed them to my last known address. I became homeless due to a heart problem and began living with my daughter for a short time. I was going through Voc Rehab at the time and was dismissed from that program for having heart problems and being too disabled.

I am actually getting another heart surgery tomorrow. Stents and an aorta test. So when I get back on my feet I will get all of this together.

Thanks for your help.

[Date of Claim? How to change that?]

I was granted my appeal from an NOD that I sent in in 1990. Now the VA is saying that the claim was for Jan. of 2015 and not in Dec. of 1990. Do I send in another NOD about this and what can I realistically expect? Thanks

[Veterans Law Judge no longer works for VA and my appeal]

I was granted my appeal from an NOD that I sent in in 1990. Now the VA is saying that the claim was for Jan. of 2015 and not in Dec. of 1990. Do I send in another NOD about this and what can I realistically expect? Thanks

[Veterans Law Judge no longer works for VA and my appeal]

I had posted a question about an appeal that I had where the Veterans Lawl Judge had retired. I did not request a new hearing on the advice of my Advocate the VFW. I finally received a decision and have that enclosed it here.

The VA has agreed to grant me service connection for my lower back and to send into remand the issue of my left foot neuroma.

I spoke with my advocate and he told me that I will be awarded 10% effective to January 2005. He also told me that I would have to get another C&P exam for my left foot.

I called the entertainment line at the VA (800-827-1000) to find out when this decision by the Seattle VA would be "all" finished. They told me it could take anywhere from a few months to five years as they are so behind. This has been going on now for 12 years!

Does anyone know how to get this expedited? What might realistically expect? Thank You in advance!

VA August 7 2015 Appeal Ruling and Remand.pdf

[Unable to get medical records]

How does one go about getting a copy of the administrative medical records anyway?

[Prosthetics Person has it in for me!]

I had a real struggle getting my wheelchair ramp installed in my new home when I moved. I asked for a consult to have this done and the prosthetics person said it would take a few months. 

Since I was renting I had to get the old one removed (in a month) and a new one installed in my new residence.  At first she told me that I would have to pay to get that removed my self. So I wrote a letter to my Senator to get the ramp removed.

The prosthetics person wrote back to the Senator saying that the ramp had already been removed when it had not. I was charged $1200 by the land lord.  Before it was put in at the old residence I asked that it would need to be removed when I moved. The inhalers said that all I would have to do was to call them and they would remove it. I asked why they were not removing it and they told me that the prosthetics person told them not too. 

I appears that I have been labeled a complainer now! This same prosthetics person is now refusing my clothing maintenance allowance for 2017. I have turned in the same exact form that I turned in last year and it was approved now it has been not approved.

What should I do? Any Advice? Thanks in Advance. Trey

[Veterans Law Judge no longer works for VA and my appeal]

I entered a claim in April of 2009 for secondary service connection, claim to my lower back. As a result of my appeal, I got a letter stating that the Original Veterans Law Judge is no longer with the VA and that according to USC 7107(c); 38 CFR, 20.707 my case has been reassigned to a new Veterans Law Judge. They say that they have a transcript of the original hearing and can make a decision based on this transcript. I asked my Vets Advocate, VFW, to assist me in this matter. The original hearing was looking for service connection in my service record. There was only one entry in my Service sick call record that was  accordingly un-readable. My claim was refused. I've had the lower back fusion after 8 knee surgeries (service connected) and my neurosurgeons said that my back was condition was due to my compensatory gait from my knee surgeries. My question is: The original hearing was for service connection from my back and not secondary service connected from my knee. I've been unable to find the shipmate who saw me carry the 250 lb. radar motor up the mast for replacement and then went to sick call for my back injury. The VBA is asking me to choose as to whether I want them to go ahead and make a decision based on transcript, (which is for service connection and not secondary service connection) or if I should request another hearing or teleconference video. The VBA states that this will take a whole lot longer to wait. My Vet Advo, the VFW stated, that they could not find out what was in the transcript because the VBA would not give them a copy of the transcript. All they said was that appeal was not for secondarily connected service issues and that the only way to get the transcript was to  file an entirely new claim? I'm confused. Any advice out there would be appreciated. (The VFW doe snot know what evidence I have submitted for this claim.) Thanks

[Problem With Form 9]

whoops,... the form 9 is online and can be filled out and then printed

[Problem With Form 9]

I just had the Am Leg refuse to represent me saying that they did not have enough personnel or time. They also said that their volunteers could not help either.

I am looking for one now.

But I have to be able to know what is going on myself instead of relying on a vet rep to do things and then they don't follow through or things get lost between the cracks.

For example, the Am Legion didn't check that my address change had gone into effect, even though I changed it over the toll free number twice and they did three times (they said) and still I missed a QTC exam. The letter was sent to my daughters old address in another state.

When I go to the VARO they won't even talk with me without a certified POA now.

[Problem With Form 9]

Howdy all Ya'll,

I have a predicament. I am trying to fill out a notice of disagreement and the VA has never sent me any statements of case on my claims. While I have been homeless and the VA says that they sent the mail but was returned as undeliverable.

So how do I fill out the form 9 when it comes to box 9. Should I just check item A since I have not been afforded the opportunity to read the SOC or the supplemenetal SOC's.

Another question: If the time has elapsed for responding due to not knowing what and when the VA decided to deny my claims can I ask them to be reopened due to the fact that I was homeless?

Thanks,

Treymon

[New To The Hadit Forum]

Hello I am Treymon. I am a disabled Persian Gulf Veteran of the USN and have, through the years, from 1993 to the present, been represented by the DAV, Texas Veterans Commission, Private Attorney and lately by the American Legion. I am currently rated at 50% service connected and 110% overall disabled.

I apologize for this being rather lengthy.

I have never seen my c-file until recently this last May, for 30 minutes, to address a untrue derogatory enrty from a P.A. from the office of the Neurosurgeon that performed my lower back fusion and laminectomy that I was fee serviced to, by the VA.

I have been trying for years to have my lower back condition as secondarily connected to my service connected right knee surgeries (x's 8). The VA keeps denying this even though QTC examiner and a non VA neurosurgeon have said that it is more likely than not that my back condition is due to my unstable gait from the many knee surgeries and from the many falls that I have had throughout the years.

My latest claim contained a claim for a broken coccyx bone and right hip pain as residuals from my eight knee surgeries. The VA said that it was pyramiding and denied the claim. My claims for an increase in PTSD, Depression, Scalp Condition and Radiation Exposure that the VA rolled all into one claim were also denied.

I also have an appeal from 2007 that has been remanded that the VA will not give me any information on it or as to why it has specifically been remanded. When I call the toll free number and they give me those inquiry numbers they never send me any information other than saying that all of the inquiry numbers have been put under another inquiry number.

I until just recently had the representation of the AmLegion and the DSO there said that they did not have the time or the personnel to go over my c-file and that I should find another POA. I have had three claims denied while being with the AmLegion. Once for not attending a QTC exam that was scheduled in another State that I lived in over two years ago. The knowledge of this QTC exam was known to the AmLeg and they told me that they, as volunteers, did not have the time to inform me of the exam or to make a request to change the date and place.

I have been homeless various times in the past 10 years and all of the letters from the Va had been sent and returned as undeliverable. The Va will not give me copies of these letters without having a POA and the AmLegion will not get them for me.

What am I supposed to do? Any advice would be greatly appreciated.

Email attached:

From: POWELL, WILLIAM B., VBASEAT

Date: Thu, Jul 25, 2013 at 2:50 PM
To: Treymon

FOR THE LASTTIME, YOU HAVE SEEN YOUR C-FILE IN MAY AND I DON’T HAVE THE PERSONNEL OR TIME FOR YOU TO SIT ANOTHER 2 HOURS GOING OVER THE SAME PAPERWORKS.

BILL

From: POWELL, WILLIAM B., VBASEAT

Date: Fri, Apr 5, 2013 at 7:22 AM
To: Treymon
Cc: adjutant

Mr. Lawler,

My supervisor is the American Legion Department of Washington Commander Mr. Loren , he can be reach at #######. If you have a problem with the service you are receiving you can all way pull your POA and sign it over to another service organization. Have a great day.

Bill Powell

AL DSO