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k5one

Second Class Petty Officers
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Everything posted by k5one

  1. This is what I used: September 20, 2014 > Privacy Act Department > Department of Veterans Affairs Regional Office > ---------regional office address here-------------   > Re: ----------veterans name here-------- Claims Folder FOIA Request SSN: ---------ssn here-------------- > > Dear Staff: > I hereby request a copy of all documents contained in ------------veterans name here--------- claims folder, including, but not limited to, all service medical records, all documents in the right flap, left flap, and center flap, and the reverse side of any documents with writing on both sides. > > Please note that this request for documents is being made pursuant to the Privacy Act, 5 U.S.C. § 552, and the Freedom of Information Act (FOIA), 5 U.S.C. § 552a, as well as 38 C.F.R.§1.550 and 38 C.F.R. § 1.577. Your agency has a duty to respond to this request within TWENTY (20) DAYS of the date of this request pursuant to 5 U.S.C. § 552 (a)(6)(A)(2)(i). > > Additionally, although an extension of time to respond may be requested, it may only be granted for "unusual circumstances." "Predictable agency workload" is not typically considered an unusual circumstance as stated in 5 U.S.C. § 552(a)(6)©(ii). Moreover, even to the extent that unusual circumstances could be demonstrated in this instance, the time limit for the extension is limited to "10 working days" pursuant to 38 C.F.R.§ 1.553(d). > > Please also be aware that your agency’s failure to respond to this request within twenty (20) days may result in the filing of an administrative appeal with the office of the Secretary of the Department of Veterans Affairs pursuant to 38 C.F.R.§ 1.557 and 5 U.S.C. §552(a)(6)(A)(2)(ii), and potentially, the filing of a federal lawsuit to compel the production of the information. > > This may subject your agency to contempt of court and a fine, including attorney fees and litigation expenses in compelling the production of this information pursuant to 38 U.S.C. § 552a(g)(l) of the Privacy Act, and 38 U.S.C. § 552(a)(4)(B) of FOIA. Thank you. > Very truly yours, > ------------veterans name and address here---------------
  2. I submitted a Privacy Act request for my c-file the beginning of September, and received my c-file last week. So it was less than a month. This was through the Atlanta VARO. I searched for and found a cookie cutter Privacy Act request on this site, and filled in the blanks. So I'm not sure about the post above, but the Privacy Act Request worked for me. I needed my file so my private physician could review it prior to completing his evaluation, diagnosis, and opinion for me.
  3. I received a packet from the VA requesting me to be part of the Million Veteran Program. Apparently it is a genetic study. Anyone have any information about this? I'm wondering why I was selected.
  4. Ok, 'm sorry. I have my rating decision July 10, 2014 in front of me now. Basically they all say the same thing. Service connection may be established for a disability resulting from undiagnosed illness or a medically unexplained chronic multi-symptom illness that is defined by a cluster of symptoms, or a diagnosed illness that is determined by VA regulation to warrant a presumption of service connection which manifested itself either during active service in the Southwest Asia theater of operations during the Gulf War, or to a degree of ten percent or more after the date on which the veteran last performed service in the Southwest Asia theater of operations during the Gulf War. The evidence does not support a change in our prior decision. Therefore we are confirming the previous denial of this claim. The evidence does not show a current diagnosed disability. While your service treatment records reflect complaints, treatment, or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service. There is no competent medical evidence diagnosing (whichever undiagnosed illness) to link to your active military service in Southwest Asia. I knew I didn't have a current diagnosis, because I got tired of hearing, "I don't know what is wrong", and "there is nothing I can do to help you", so I quit trying over ten years ago. But I am currently in the process of getting diagnosed with CFS, Fibromyalgia, and IBS. So I am a Gulf War/Desert Shield/Desert Storm Veteran, and I have presumptive. I need to get my c-file, and let my doctor review it, then just submit diagnosis, DBQ, and nexus statement, with a request for a DRO? Skip an attorney unless I have to file a NOD later? Sorry I hope this answers your questions. My mind doesn't always work as good as it should.
  5. Both were denied as not service connected. I am working with a local physician now. I believe he is almost ready to diagnose me with CFS, Fibromyalgia, and IBS. Once he gets the diagnosis, DBQ, and the nexis statement, I will submit my NOD with that and hope for the best. I am also going to request my c-file, probably with a privacy act request. Hopefully I will find a good attorney, who can help me with all this. I've learned a lot, from this site and others, but I don't think I want to do it on my own. Also I served in Gulf War 1990-1991 so they are presumptive. I just need to get everything together.
  6. Based on the ratings guides, I should be able to get more than 60% for Chronic Fatigue Syndrome/Gulf War Illness. I should get rated for IBS and Fibromyalgia also. I am in the process of being diagnosed by a private physician at the moment. I originally filed in the mid 90's but was denied, and did not appeal. This time I'm going to finish the fight.
  7. I started a claim approximately 1 year ago. It was denied, which I expected, because I am still collecting evidence. I have been doing a lot of research, and learned a lot over the past year, but I think I am going to use an attorney to start my NOD/appeals process. I live in Georgia, and my claim is through the Atlanta Regional Office. Can someone recommend a good, experienced attorney. I live in Southeast Georgia, but can travel.
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