USMC2311

rootbeer22,

I am on pins and needles just waiting for the decision. I have checked eBenifits several times since yesterday since the CLAIM CLOSED status was posted on my FDC and yesterday sent an IRIS requesting for status. Thank you for your words of encouragement and I wish you the best on your claim as well.

rootbeer22,

I am on pins and needles just waiting for the decision. I have checked eBenifits several times since yesterday since the CLAIM CLOSED status was posted on my FDC and yesterday sent an IRIS requesting for status. Thank you for your words of encouragement and I wish you the best on your claim as well.

I thought I would provide an update.

A SOC to my NOD was issued on 20 April 2015. The (2) two contentions that I filed with the NOD where denied an increase (Shoulder-20% and Ankle-10% already service connected). After receiving and reviewing the SOC and all evidence I have submitted since filing my NOD back in June 2014 and the recently received Service Medical Record ankle operation report, dated Nov 1983, I decided that it would be best to fight for the contention that I had the most evidence, which was my ankle. My SMR ankle operation report provides a diagnosis of trimalleolar ankle fracture. In 1983 I fractured my fibula and tibia and my talus was fractured and displaced resulting in two screws fixing the fibula and two scars on both ankles. I don’t believe the ankle operation report was ever in the VA possession. The reason why I say this is because after recently reviewing my C-File I notice where the VA doctors placed at least two request for a copy of my SMR, this happened prior to each time I had a C&P exam back in 1989 and 1998 during increases to my service connected disabilities and it appears that my SMR was never received or included into my C-File. I recently requested a copy of my SMR from the NRA, but only received my ankle operation report which happened to be what I like to believe the smoking gun in regard to my appeal. Thankfully when I filed my NOD I indicated that my current moderate ankle limitation (5271) of 10% should be properly coded as moderate fibula & tibia impairment (5262) of 20%. When I received my SOC again I indicated on my VA Form-9 that my current moderate ankle limitation (5271) of 10% should be properly coded as moderate fibula & tibia impairment (5262) of 20%. Two weeks ago I mailed my VA Form-9 to appeal to the BVA along with a copy of my SMR ankle operation report which I don’t believe was ever considered. I am hoping that the SMR ankle operation report sheds light on a more accurate picture of my ankle disability, and that I receive the proper code and higher rating.

lotzaspotz, not trying to hijack the tread but I must add this I got the same thing in my SSOC a lot of bull shit

not addressing anything and they still wont send mines to BVA 4 years sitting sending some bull crap letter

that don't answer anything. I HAVE been contacting anyone that will listen to me. So I ask IRIS why they wont send

it to BVA the response was they were waiting for my POA to send a form 646 before they certify it to BVA. My POA

said he turn this form in 2012 . This place in Newman GA I was told it takes up to 75 days before they get the records

SO I call the 202# and this week and was told they were just getting records since 2-2014. But it takes 75 days most

I have put some fire in my attorney after he seen the response from ""iris" he was mad as heck lying on him.

So he said today he will be filing a "WRIT" and I hope it helps. Also the 202 # is on it to so maybe the DRO will

send it to the Board soon.

USMC2311: After 4yrs, multiple claims filed and 2 NOD DRO Hearings pending, I switched VSO's also. In those 4 years I had never heard from the VVFW VSO since the initial claim was filed 08/2008. He never answered his voice-mail and was never in his office at the VRO. Hooked up with Marine Corp League by accident in 2012, there was always someone in their VRO office. One of vso's offered me paper to slip a note under door of my VVFW office. After which I sat down with MCL VSO and discussed changing my VSO Rep. VSO's, as organizations, are very reluctant to do so after NOD's are filed. In the end, MCL completed all VA paper work needed to sever my representation by VVFW. Since then, always been a MCL VSO to discuss issues with, before but usually after I've decided on a course of action.

Semper Fi

Gastone

"RMC receives over 300,000 inactive claims folders annually from VA Regional Offices. The RMC’s file storage area houses over 3.5 million claims folders and over 3.6 million separate STRs. The file storage room is equipped with movable electronic filing units, nearly 107 miles of shelving. An average of over 1,800 claims folders and STRs are shipped daily to Regional Offices in support of VBA’s mission."

Holy cow- hope they can Find em

USMC2311: It appears you filed your orig Comp Claim mid 2012? Did you ever get a copy of the C & P exam from your VA Medical Records? In 2012 I believe the C & P Examiners were required to complete whatever VA DBQ was being requested by the VA Raring Dept. The 1st time I requested my clinician notes pretaining to my PTSD C & P 2011, I got exactly that, the examiners notes. I went back and specifically asked for a copy of the completed PTSD DBQ that was submitted to the VRO Rating Dept. No idea why VA Med Records needed to be asked twice. I had asked for (all clinician notes and documents) from C&P exam.

Do you have "Proof of Receipt" for all "NEW and Material Evidence" that you have submitted to the VARO since your denial? If in doubt, send it again, US Mail Cert_Return Receipt.

Although your out of the US and it appears your handling this Solo ( Pro Se,) think about contacting a VSO to represent you. You will still be classified as "Pro Se" by the VA. I used a VSO for info only, filed all my own claims & Appeals. When it was time for my DRO Hearing, I requested the VSO provide a DRO Hearing Specialist. I struck Gold, my guy was Retired VA Employee from VRO Rating Dept. He had spent his last 10 or so years as a DRO. I would have liked to talk to him 4 yrs ago, a fountain of Knowledge and experience.

Semper Fi
Gastone

USMC2311: Regarding your NOD Filing. I don't know if you can request a "personal Hearing" post NOD filing requesting only DRO Review. I do know that you can use the same "Informal Conference" request that is available to DRO's. I did and all of a sudden my original NOD Hearing was scheduled within (3) months.

Give consideration to using "Sworn Declaration" in place of VA "Statement in Support of Claim." My DRO seemed impressed when he reviewed my "S. Declarations." Just be sure that all of your "NEW EVIDENCE" is in your C-File for the DRO to REVIEW. This may mean making copies of all your "NEW" evidence and both mailing (1) large package to the VA Cert RTN Reciept US Mail as well as Scanning all to PDF and attaching to E-Ben Document. Remember, You have (1) shot at DRO Review, No "Request for "Reconsideration." If your not at an "Official DRO Hearing," with all your NEW evidence to be sure the DRO sees it before rendering a decision, you could get screwed again. The next stop is VBA Court 2-4yr wait. CYA BRO!

Semper Fi

Gastone

We have info here:


and if you google VA Foreign Medical program hadit.com, more links here will pop up.

2311: You will get all kinds of advice regarding doing just about anything after filing your NOD. I just had my DRO Hearing 6/27/14, from 1st NOD Filed 2010. My advice based strictly on my own experience is, DON'T Half STEP. Hopefully your NOD requested a DRO Review and a Personal Hearing. If you used a VSO, verify that a "Hearing" was requested, don't wait till you get a DRO Decision, to find out a "Hearing" wasn't specified in you NOD Filing.

My Time-line: 1st NOD 11th hour 09/2010, Multi additional SC Clms filed 2010, 2011 & 2012 NOD 09/2012. Finally got around to requesting C-File aprox 10/2012, recieved it 01/2014. Was getting edgy regarding 1st NOD, filed for "Informal Conference" hoping to get info from Horses Mouth at VRO DRO. Received VA Letter with DRO Hearing Date 05/26/14. No one at VSO I was going to use at Hearing, could get any info regarding what the 06/27 Hearing was going to cover. I decided to be prepared to address both of my pending NOD's. As it turned out, my 2010 NOD was on deck. However, because I opted to have an "Informal Hearing" after a preliminary discussion with the DRO, the DRO agreed to address both my NOD's. After approx 35 min, I was done, the DRO advised me what his decisions were. I was out of VRO by 915am and VSO called at 330pm, he already had the Officail DRO Decision granting all important issues, to include IU.

It appears that NOD Hearings are taking about 2+yrs and VBA Court 3-5yrs depending on remans.

Good Luck
Semper Fi
Gastone

Your SMR should be at the archives in St Louis. Requesting a copy will not impact the processing of your NOD, which will happen at your servicing VARO. These are totally separate entities.

http://www.archives.gov/st-louis/military-personnel/

If you do not have a copy of your SMR, you need to get it from the archive and review it ASAP.

There is a lot of value in reviewing your C-file as well, which *should* have a complete copy of your SMR. The problem comes when the copy in your C-file is either incomplete or has parts from someone else's records. Sounds like your C-file was way too light if you're still looking for a copy of your SMR.

I was strongly encouraged to make a copy of my SMR before leaving active duty, which I did. In fact, I was encouraged to make two copies by a very squared away National Service Officer. One copy I gave to the VARO with my initial claim. The second copy is in our personal files here at home. It's come in handy for follow on care not related to disability compensation. In fact, I just pulled an old test result out earlier this summer to show some specialists.

Yah, the SMRs should be in the cfile.

There could be something in your SMRs that would support an approval of your appeal. So even if it takes longer-which it probably won't-you should still try to get a copy of your SMRs.

Isn't it amazing. The VA has a "duty to assist" veterans in developing their disability claims which would include obtaining a copy of your SMR. However, the VA does not have a copy of your SMR in your c-file and your original claim was based on an injury and subsequent surgery during military service.

The VA fails miserably when it comes to their duty to assist veterans in developing their claims. Veterans are better off gathering their own evidence including SMRs. I would not even trust the RO to gather VA medical records.

You should put in requests to 3 places for your SMRs.

1.The VARO that processed your last claim.

2. NPRC, as noted by TiredCoastie above. You can mail a request or use the online request at vetrecs

3. VA Records Management Center http://www.va.gov/directory/guide/facility.asp?ID=5380

No they don't have to Certify that they reviewed your C file. They are "supposed" to, But many times they don't have time or don't have access to the file. If the CNP exam is not positive for you then you could use this point when you dispute the results. That you did not have a fair and complete C&P exam.

In your request to the VARO, I think it is less confusing for them if you simply put in the request for your "complete C file to include your service medical records/service treatment records.

Yeah, definitely submit a request through the National Personnel Records Center for your SMR's and any other military personnel records you can obtain. I would also recommend that you wait a couple of weeks after you get your documents, and then do it again.

The reason for this is that they don't always send you everything, and I have had them send three different sets of documents over the years of records that I should have gotten from my first request back in 2010.

Also, don't assume that the VA has obtained your SMR's. The VA had "trouble" obtaining mine at first, and then later said "We found them!"......then rated me. However, upon obtaining my C-File to see what they based their ratings on, there was a great deal missing from my service history, most of which were the SMR's, including missing intake and separation examinations. Luckily, I was able to obtain them from the NPRC and shoot them over after filing my NOD. It's a good thing to have proof showing that you were in perfect medical condition entering the military, and followup evidence showing conditions noted during separation. I assumed they had all that because they were the Great and Mighty VA, and would certainly magically have it all in their possession. Wrong!

You need to have copies of the records for your review anyway. You may well find evidence of conditions diagnosed in the military that you didn't know about, along with proof of assignments or training that you may have injured yourself during. All key evidence.

I even found an old AF safety document completed by my supervisor regarding daily hazards that I was exposed to as part of my duties tucked into my NPRC file. A single document, but several key elements listed. You'll also be able to get performance evaluations, which quite often contain narratives regarding your duties and further proof for you later down the line. The VA most likely will not have that in their C-File on their own.

Just a thought.

Mark

Same thing happened to me. My C-File was extremely incomplete, and missing quite a bit of my SMR documentation, and had nearly zero personnel documentation, with the exception of documents I had sent. However, it was "completed" with having 89 pages of medical record documentation from about 3 other people, two them definitely veterans. Amazing!

I don't think you want to submit actual copies of your MRI and X-Rays to the VA when you appeal. No doctor is going to look at them. You want to send in the reports from the doctor who did them and interprets them. You get a copy of the actual records by just asking the doctor for them. Was this through workers compensation or is he just the company doctor. Did you or your insurance pay for them? If so they are yours. I think they are yours regardless since this is part of your medical records and HIPPA says they are yours. Don't use the company doctor just because he is cheap. I am not saying you are doing this, but if you get a good IME and a good report it can turn your claim around 180 degrees. If you use this doctor he needs to be able to opine that all your conditions are service connected. He should have your service medical records so he can review them. There is an example of a good IME some place on this website.

I think you could tell the VA where your actual records are and then they can request them as part of your appeal. Maybe the VA might schedule you for another exam and then they might look at the actual MRI and xrays. Usually, on appeals you just submit IME's/IMO's and the VA rater evaluates them according to what they say. Nobody at the rating board has any special medical or legal training. At the BVA many of the administrative judges are lawyers, but not at the VARO. There is a guide to exactly what a good IME should say and how it should say it. There are buzz words and phrases that should be in an IME/IMO. The doctor should review your SMR's and say so in his report. He must opine on if he believes your injuries are SC and why. He should discuss how your disabilities affect your ability to work and your social adjustment. There are other things as well.

John

You may want to add ankle scar and Arthritis of both shoulder and ankle to your claim.

USMC2311: I agree with Berta.

It appears that you have the DXing covered, how do you compare to 38 CFR 4 rating schedual? You should be able to come fairly close to what your SC rating should be.

You filed a timely NOD, I procrastinated and did mine end of 11th month on my 1st claim. Did you ask for DRO with Personal Hearing? I just had my DRO Informal Hearing 6/27/14. 8 months of my 31/2 yr wait, due to my late NOD filing. The Face to Face with a Senior VA Rater worked out great for me. About 35 min of back and forth on my denied issues, all major issues from 2008 awarded. DRO said due to my decision to go with an "Informal Hearing" instead of the "Regular recorded and transcribed" hearing that I was scheduled for, we my as well take care of a 2nd NOD filed 09/2012. Walked out of hearing knowing what issues the DRO awarded from 08 claim nd TDIU award from 09/2012. Got a call from MCL VSO at 330 that same day, he already had an Official DRO Award on his desk addressing all issues, to include TDIU T&P.

Trust but Verify
Semper Fi

Gastone

Did the IMO docs come close to adhering to the IMO criteria here at hadit?



Did they make a full medical rationale as to how your disabilities fit into a higher rating criteria?

You did your homework! You researched the ratings and diagnostic codes.

We all must do that because VA often makes errors in that part of the rating.

"Used this radiology report with NOD as medical evidence.


June 2014-Filed NOD for insufficient C&P Exam"
Good for you.
July 2014-Seeked private medical appointment with Ortho Doc (stateside) for ankle and shoulder pain. Additional x-rays taken of ankle and shoulder."

Good on that as well. Have you sent that in to them ?

I always send anything to VA as Priority mail and pay a little extra for the tracking slip. This way I can track it on the USPS web site and print off proof they got it. ( They like to lose the good stuff)

This is why I recommend Dr Bash for most types of IMOs as he is a NeuroRadiologist and also familiar with the exact terms and wording etc etc, VA looks for in IMOs.
He is a former VA doctor as well and a disabled vet himself.

Sometimes however he needs to examine the patient personally to prepare an IME.

"1989-I was medically discharged for eczema and rated at 10% service connected."

Say what????? For some reason that seems odd to me....only at 10%.

There is some eczema rating info at VBN here:
http://vets.yuku.com/topic/80747#.VARpoGM08sY

And we have some SC eczema vets here.

Have you ever asked for increase in that rating?