CBaker84

There are tests for asthma, start requesting them is what I would say. When my wife fell out in a gym, they did all kinds of cardiac and respritory stress tests to attempt to induce asthamatic reactions. Shortness of breath is a symptom, not a disease. Requests tests to find the disease is what I would be looking at. You also don't have to use the VA (if you have insurance and can afford it). You can go to another Dr. who can diagnose your condition as well. DRO can't really do anything if there is no diagnosis, there wouldn't be a condition they could rate (imo). You can submit new evidence up until the point they make the decision.

My claims with the RO that I was dealing with have now been closed. My understanding is that I can now open a new claim and it would be opened int he location I currently am? I'm just really trying not to get the same RO. Call it a bad omen, bad luck or whatever, but I have had some really bad mistakes from them and want to avoid at all costs opening a new claim and having it being assigned to the Honolulu RO. Does anyone have some insight into how they are assigning new claims opened in e-benefits? I have everything electronic, so it's easy for me, but if I need to do it on paper at the local RO i would do so. Thoughts?

I don't screen shot them, but I take each one of those confirmation screens print it and attach it to a paper copy of the filing that I personally keep in my VA record. That way, each document I have has a filling attached to it if I ever have any issues. I can simply look at them be like, "You received by your own system on xxxx date."

I actually think quite the opposite, because it lays it out box by box, which should make it fairly easy for someone to follow along. It keeps vet's from putting the wrong stuff so that no one understands what they want. Each one of my claim denials has provided me instructions on how to appeal, what to request etc.

Any chance that you are going to the townhall in Buffalo this month? (looking at your profile, assuming that you live in that area).

I like this post. I wish we could compile all these little gems lol. The VA did not apply the proper burden in my case. I had two IMO's (anaise / bush), dbq, medical screening all done, 15 lay statements in direct support, my statement, 15 medical treatise supporting my position, my statements and the VA found more pursuasive their one (3) paragraph, no-patient contact - remote exam, more persuasive and to have a better medical rationale; the rationale said that because the illness was complained about in service, that the "reasonable medical conclusion is that it did not exist." I'm slowly making my evernote notebook on this very useful.

I serve the VA everything on E-benefits, and then for very important documents I follow up with a hardcopy via certified mail.

Rules like this promote efficiency and less loss by volume in my opinion. You need things to be in a format to run an efficient ship. The VA provides the forms to people who need them; you could call and have them sent to you.

Failing to properly fill out the medical documents with proper information can lead to complaints, licensing complaints, and malpractice issues. I'd be happy for them to do this, make them do it right the first time. If the VA doesn't like your claim, they will do one with their doctors anyway. I had DBQ and (2) IMO's done.. they still did a new one because they didn't like my results.

There used to be a policy for them to fill out the forms. Was there a follow on letter rescinding that policy? Shit. I used to have that va letter saved. Will have to find it.

Well, my underlying claim of AR / Deviated Septum was granted, but it seems like the other claims were sent back for more evidence. Kind of irritated, as I haven't received anything saying what they need or what's going on; nor have I received the AR / DS grant letter. But, I am adding a 2nd IMO and two more buddy letters from officers that served with me to the claim now. I guess we will see.

I believe under their duty to assist they should be asking for information. I thought?

I had a basic claim for Allergic Rhinitis / Deviated Septum, carpal tunnel and sleep apnea syndrome (SAS). I had the DBQ done by my VA doctor for the SAS, sleep study, an IMO connecting it secondary to AR / DS, about 10 buddy letters regarding symptomology and observations, and a declaration from my wife regarding it and all the symptoms. I also pulled all my surgery records, complaints of poor sleep etc. out of my medical records and cited those. As far at the AR / DS... I had surgery in service, which I showed, but showed the follow on complaints that the surgery did not correct the issue and I still complained about it in service. I have follow up treatment from the VA after this as well which I gave them. My claim itself was 'different' so to speak. It was a NOD that turned into a request for reconsideration, which turned into CUE, that then terminated the appeal and started a new claim reopening everything.

My general question is: Is there normally some forms of communication between the VSR and the Veteran if they would otherwise deny your claim for lack of evidence? My claim just recently hit preparation for notification. This wouldn't concern me, but I have had zero requests for anything at all from anyone at the VA. The only thing that I had even seen was the automated response letter that went out once (which I told them on the phone I never received the request for). I have also never been scheduled for any follow up or sort of Dr. appointment to be evaluated for my specific contentions. This said, I think I did a fairly good job on laying out my contentions and evidence. I did specific memorandums for each contention with citations to all the relevant evidence, statutes, federal court precedents, personal testimony and buddy letters. I submitted DBQ's for one of my contentions. Is this normal? I'm not sure what experience others have, I don't really get a chance to talk to too many people about it.

This is exactly what I explained to her. You kick out old cases by 'solving' them, but you really just made a new claim with a new date. So it looks like you are processing more claims, that old claims are being fixed - and the entire time the veteran is getting screwed. I wouldn't be upset, but a few months ago they told me, "Well - other claims needed to be processed ahead of your because we are working claims older than one year. Your claim is only a few months old." I almost lost it. It's like, seriously man, the claim is 2 1/2 years old now. You guys just botched it.