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.

We discussed it on the phone. I was calling to follow up, explained the error, they looked it and were like, "Yeah. oh shit... yeah we messed that up." From that point they knew it was CUE and said it would be handled in an expedited manner - but I needed to cancel the appeal. Little bit miffed. I filed OIG complaints yesterday; 3rd time contacting my senator, going to go to their office again and give a wth speech. Found a number to the director's secretary from a report they did at the VA, so I called and explained it to her - said I felt it was fraudulent and I was contacting my congressional reps / OIG. She said she would look into it. I will know tomorrow if that was beneficial or not because they are supposed to call me back then.

This part of my review for their FB, but I would love to hear from anyone regarding any of this... I do not believe that the VA is accurately reporting their claims processing, specifically those relating to CUE errors. Here is why: In January of 2014, I filed a NOD with the VA because they failed to properly review evidence on my claim. The VA agreed with my assessment and identified the error as being clear and unmistakable (“CUE”). Following this, the VARO in Honolulu asked me to agree to close my pending appeal for this error. They informed me that because my claim was CUE it would be reassigned to a special team that handles CUE claims and that it should only take “a few weeks” to “fix.” We are now many, many months into this process. The VA opened a new claim in place of my original one, which at this point would have been a two-year-old claim. Doing this benefits the VA and is a detriment to myself and any other similarly situated veteran. Being a new claim our paperwork is put to the back of the stack and is not a priority – when in reality, our claim is still pending, not complete, and however old the initial filing was. The VA doesn’t want a two-year-old claim pending as it makes their reports on processing look worse. So, to their benefit, they killed my proper claim and have this new one processing. It’s a sham. It’s inappropriate. And, it needs to stop. Does anyone have some knowledge or experience with this? I'm not sure why my old claim was closed. It would have had priority in processing because it would have been a two year old claim.

180 days would be great. I was literally told 18-24 months to get my FOIA request.

See I think I'm still stuck on the area of them saying that the list is not exhaustive. For instance, I would definitely argue that flight operations off a carrier etc. would be participating in combat as far as naval warfare capabilities go. I get the feeling that they mean only like boots on ground combat, but legally speaking - I don't think what they wrote amounts to that. I could make legitimate arguments for cyberwarfare, covert intelligence operations, surveillance, drone pilots, etc. I guess whether or not the definition could legally expand that far would be a legal question the courts would have to determine.

Greetings, I'm looking for any information regarding the application of 38 U.S.C.S. § 1154(b) to Naval Service, specifically the requirement of "engaged in combat." I'm not sure how it's considered whether participating in certain events, strikes, or other standard naval operations (interdiction, surveilance, intelligence etc.) is considered to be within the realm of "engaged in combat" as defined by the statute. My general understanding is that participating in events constituting an actual fight or encounter with hostile units or instrumentality should suffice. But, I'm not sure how fight preparation is viewed (i.e. surveillance, intelligence gathering, observations). I also have questions regarding how we prove things that we did - but didn't do? In the, we were there - but not there kind of sense? On a submarine we receive hostile fire / imminent danger pay just like other forces stationed in the combat zone, as well as tax free etc. Any ideas, thoughts? The reason I am looking at this is service in a combat zone reduces the evidence standards.

I'm almost certain that would be error, unless it was something specific that they have to address in person. Nothing says this at all, I would be filing a NOD on that.

If I was 100% then I wouldn't be worrying it about, but things can change you know? There is medical evidence that PTSD medication is linked to OSA. Having complaints in service help. You may have screwed yourself by not submitting evidence -- I could probably say I did that myself as well, but I never got any letters telling me to do anything. If you were not 100% at a given time, the backpay might cover the cost if you recover? For me, I'm fresh into this so it was a huge benefit to pursue my claim. Ultimately though, nexus letters can be used to help your claim and win the appeal. You can submit evidence up and until they hear the case afaik.

Bingo! Go to school, even part time for a few months, get $$ for IMO =p. I was able to use my payment to cover both IMO that I paid for. Without the GI Bill, I'm not sure where I would have gotten 3k. I would really love to add though, I can't see a situation where you shouldn't / wouldn't use your GI bill. So many little interesting programs out there if it's just going to sit idle you could put it to some use. The time to money ratio depending on where you live can be pretty good. For instance, going to school in Hawaii was worth 2100 a month. I only spent about 20 hours a week on school work. For many people looking to get extra money for an IMO, medical care, or whatever - I think using your GI bill could be a benefit if you are able to live without it already.

When I received my disability decision I was denied all contentions except one. After filing an appeal, the DAV noticed and pointed out to me that the dates of their records they reviewed was listed as being 12 years before my birth. I finally called around to enough people that a Coach looked at my stuff, said that, "Oh hell we screwed that up" (lol), and said it would be CUE. At this point, it seems they closed the old case, and made a new one listing "CUE" as the 'New' Contention. The only problem that I have with this is that older claims are supposed to be processed first. This means that because my claim is newer it's not getting looked at right away - when it should be a case that is over two years old. Looks like they did the same thing to both of us!

My local Veteran Service rep at the *County* level, said that if they refuse to fill out the DBQ then come in and they will file a complaint with the local / regional offices. Used to be a policy that said they had to fill this stuff out, but it seems that went away in 2012 when the DBQ was put into place. Now, it seems they have to fill out the DBQ, but are not required to provide a statement on the nexus - which is what most of us need anyways!