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Tommywvivid
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Posts posted by Tommywvivid
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This happened on Ft. Bragg, NC, And I Did call them, no records found, I know for a fact I was at Womack Army Hospital. And , again, no records found there was at least 1 very important document missing from my military records, My exit exam which I distinctly remember to make a note of there's scars and its gone. Yes the police keep records for 40 years but Mine does not exist.
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Thank-you, I am scheduled for a hearing with the judge in washington DC next month, have you or anyone you know that has been through this? what can I expect? as for the above response, Did the VA form -180 4x all same response no records found not the CQ log book no emergency room and no exit exam in my files, could even be because No one I know can remember the exact day this even occurred, I've had so much help and i am very grateful that the other vets put their own time in to responding so thank-you! My power of attorney American Legion hasn't done any thing for me and i mean anything, so I'm doing this judge hearing alone, and is it true that if they cant locate any of these records that they should go by my testimony or my 5 buddy statements to decide my case.....
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Ok Apparently there are many documents missing from my SMRs. a police report, an emergency room log and exit exam, because if it wasn't tampered with, I would have shown that this injury was suffered from an attack in the army, 1994, But its missing so I was asked among many other things to get buddy statements. I have 5, unfortunately, no one especially me can remember when this happened, because there is no "evidence" which is BS i didnt have he scars on my head when i went it but i did when i ets'd...,can some one help me?
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Thank you Berta....I think the VA is doing me wrong and here whys couple of months ago when when i got in contact w hickey about this whole TBI thing it was looked at immediately but , 2 weeks ago I was advised ,sort of, the ro said we are going to open a new claim for 100% UI for increased PTSD and new Diagnosis for Sleep Apnea, yesterday I had a C&P exam for that 100% which I believe went well, Saw my RO who said it should be granted since I m 50% PTSD service connected and the Sleep Apnea is 60% and depending on the C&P exam should total to 100%....But they filed that claim on Feb. 13 '15 what about the appeal? The whole mixed up STRS? Is that appeal null and void now? I calculated like from 2005 ttill now back Pay should be bout $350K....instead they're just kinda forgetting about that and giving me 100% now whick would have started Feb. 13th right? thinking that will solve the problem...Im ready to write Allison Hickey on this... this is BUL-S--T!
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Thanks for responding, So im gonna asked to cancel this upgrade claim and instead ask that my appeal for the TBI claim continue until granted? cuz I think they just dont want to pay the bacxk pay
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I am 50% service connected for Ptsd, reading this will answer most of your questions
Ive posted before about finding my STR's, but please read as i am seeking answers.. thank-you all........at that time the soldiers started coming gone from iraq and afganistan with tbi and PTSD...i had the same symptoms, and i realized that i needed help.not only filing for my claim, but locating my records so in2012i once again filed, but this time, i foind some of my buddy's with whom i served with and they wrote Statements as to what the remember all-out that day. I also had included the MRI AND letters from my doctors... And i sent 3 requests to NPRC, NARA,, WHICH I have as proof and according to my VA caseworker i had all the correct evidence...and once again i ws denied...the buddy statements i submitted were deemed to be, "not credible ", according to the VA....now here's the best part..i wrote a letter to my congressman Scott Peterson, and his assistant, Sarah March, has stepped in to help me. I demanded to see my STR's at the VA regional office here in mission valley, san diego, ca...as I'm sstarinatg the VA officer s computer he cclickons my STR's and i immediately,flipp out...these werent even my records they were a veteran by the name Raymond Swear...in the in 1953...i immediately call congressman peters office, that was Dec. 8, 2014...i opened an appeal in Aug.and it hasnt been looked at since then...then on Dec. 10 2014, Raymond Swear entire medical records were delived to me...major breach of patient confidentiality, just for starters...i could go on, but when u view my file, i hope ufeel as frustrated as i am i continue to live alone, except for my service dog, i look forward to hearing from u soon.. I have made copies of my case, and its backed up on USB..Thanks for all the help, I hope. this is especially for georgiapapa and Berta, after I emailed Allison she responded within 4 hrs stating that she had contacted the director of my Regional office in Southern Ca. that then was followed by an urgent VA staff in my hopes to finally grant my award from this TBI injury that happened 20 years ago. first the Director himself apologized for the mix-ups and let me know that the Director of the DRO's would contact me...the next morning he ( DRO Director called and said we are going to separate these two medical records that somehow got into your file making every claim of TBI you requested denied. After I do that then I will review the case including buddy statements that you sent us, that were deemed "not Credible". I was so happy for this news, then he said are there any documents pertaining to the assault? Uhhh, uuhhh, (????) There should be It happened on base and the MPs were the law, I went to the emergency room at the Military hospital, a Military detective took a police report, But isn't that why we are going through this whole ordeal....I could not locate MY in Service Medical Records, and the VA says they didn't have them , you should already know the answer...MY Medical records sitting on your desk never made it to me so HOW WOULD I know if its documented, I felt, as if, once again, the VA thinks i'm trying to BS them...REALLY?, Now maybe i'm being irrational, but the director of the DROs said that he want to wrap my claim up by the end of this week, then some person called me this morning and made a very brief conversation saying" There wasnt an exit exam done when you got out of the service im sending a notification letter.... That seemed very strange, I REMEMBER the exit exam, but i'm like really?, there should be all kinds of documents in there not just the one saying that there were/were not sacrs from the assault.To me it sounded like a denial of my claim, But like I said I may be overreacting,i CANT SLEEP, because ive waited since 2004 when i first filed ( at that time i had no idea of compensation, I was told that if I was injured, service connected I would be given free healthcare, for this, has finally been acknowledged. This injury that has altered my entire life,( Its personal) constantly forgetting things misplacing items and the list could continue ad infinitum.But Hopefully, (praying)...that I dont have to worry as much as how am I gonna Live off of my 50 % PTSD comp. but rather spend more time in cognitive therapy and maybe even be able to afford a small trip here and there.. Its only thurs. evening So Ill know more later, thanks for all your support!!!!!!!! -
ok I need immediate advice, berta, if i could ask you...since you know what goin on...so the va is trying to locate the police report from my assault from 94-95, i sent them more evidence i.e. buddy letters ec.. I am already 50%ptsd but the ro called my this morning and said if i was gonna file for sleep apnea, i told him yes but i wanted to wait for this current appeal he said ill just add it and send you a form to be 100%tdiu, As i was thinking this they want me to file this 21-8940 so that they wouldnt have to pay the back pay from 2004? Thats what i think is going on PLEASE HELP!
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HMM, Well, I guess I wouldn't know if it was mishandled since the VA are the ones that a) Put another veterans records in my file then mailed his entire c-file to me, then separated the 2 files and then , and only then they were finally mailed too me, 20 years and 7 requests from NARA, NRPC, minus the exit exam which would , with the entrance physical show that when I entered the Army I had no Scars on my head but when I left I did, How conveniently for that document to go away, also any report from the hospital where i was treated is also gone,mmmmm soo now the same folks that did this is going to look at my case again? I would think the 4 buddy statements, all eyewitnesses would prove that I sustained the TBI in service...guess Ill just have to wait for the outcome!, Thanks
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Heres an update on my appeal denying sc disability for my TBI, Fri feb 20 I turned in all the new evidence I collected including all emails from Allison Hickey the VA Regional office director and copies of trying to locate my medical records from 2012 and 2014, i also , on Facebook received 2 more buddy statements from eyewitnesses, for a total of 4. so i have a few questions... Since I was denied first in 2004, stating that there was no evidence in my STR's for TBI, Im assuming they were missing at that time as they are now is the exit exam and also the ER report from the Army hosp. I ve been trying to locate my records since 2007 i just got them when I originally emailed Allison, they were mixed up in my file with another veterans file which was sent to me...So, is this a CUE? and Do I wait for the decision to see when they will start the rating? should it be 2004 because of the VA's mistake? Thank-you any advice helps!
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Hickeys last response was yesterday morning and she said, "I am going to ask my records management staff and leadership to search high and low for these law enforcement documents to assist or see if the RO can take it on the buddy statement." should I ask her about a timeline or do you think she means bizness, like she wants answers soon? just curious, I dont want to bug her, so Berta what do you think?
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Thanks for all the help, I hope. this is especially for georgiapapa and Berta, after I emailed Allison she responded within 4 hrs stating that she had contacted the director of my Regional office in Southern Ca. that then was followed by an urgent VA staff in my hopes to finally grant my award from this TBI injury that happened 20 years ago. first the Director himself apologized for the mix-ups and let me know that the Director of the DRO's would contact me...the next morning he ( DRO Director called and said we are going to separate these two medical records that somehow got into your file making every claim of TBI you requested denied. After I do that then I will review the case including buddy statements that you sent us, that were deemed "not Credible". I was so happy for this news, then he said are there any documents pertaining to the assault? Uhhh, uuhhh, (????) There should be It happened on base and the MPs were the law, I went to the emergency room at the Military hospital, a Military detective took a police report, But isn't that why we are going through this whole ordeal....I could not locate MY in Service Medical Records, and the VA says they didn't have them , you should already know the answer...MY Medical records sitting on your desk never made it to me so HOW WOULD I know if its documented, I felt, as if, once again, the VA thinks i'm trying to BS them...REALLY?, Now maybe i'm being irrational, but the director of the DROs said that he want to wrap my claim up by the end of this week, then some person called me this morning and made a very brief conversation saying" There wasnt an exit exam done when you got out of the service im sending a notification letter.... That seemed very strange, I REMEMBER the exit exam, but i'm like really?, there should be all kinds of documents in there not just the one saying that there were/were not sacrs from the assault.To me it sounded like a denial of my claim, But like I said I may be overreacting,
i CANT SLEEP, because ive waited since 2004 when i first filed ( at that time i had no idea of compensation, I was told that if I was injured, service connected I would be given free healthcare, for this, has finally been acknowledged. This injury that has altered my entire life,( Its personal) constantly forgetting things misplacing items and the list could continue ad infinitum.
But Hopefully, (praying)...that I dont have to worry as much as how am I gonna Live off of my 50 % PTSD comp. but rather spend more time in cognitive therapy and maybe even be able to afford a small trip here and there.
. Its only thurs. evening So Ill know more later, thanks for all your support!!!!!!!!!!!
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to Berta and Georgiapapa, Thank-you so much!!!! well so far.....The email to Allison I believe may have been the biggest help. I dont know who she is, but this evening around 5p San Diego time the Director of the VA Regional office called me, then Emasiled me to inform me that he and his staff will look over my case directly... Ill let you know what happens!
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Berta, Ive emailed isis, Allison, and sent copies of wmail to Conressman Peters office but i also wanted to let you know i filed a complaint with the OIG, and emailed Sec Robert Mcd.
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Thank-you Berta, Very good info and ill let you know how the progress is going!!, I always get excitied, when i get some guidence and direction as to a possible resolution to my case!
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Ive posted before about finding my STR's, but please read as i am seeking answers.. thank-you all........at that time the soldiers started coming gone from iraq and afganistan with tbi and PTSD...i had the same symptoms, and i realized that i needed help.not only filing for my claim, but locating my records so in2012i once again filed, but this time, i foind some of my buddy's with whom i served with and they wrote Statements as to what the remember all-out that day. I also had included the MRI AND letters from my doctors... And i sent 3 requests to NPRC, NARA,, WHICH I have as proof and according to my VA caseworker i had all the correct evidence...and once again i ws denied...the buddy statements i submitted were deemed to be, "not credible ", according to the VA...
.now here's the best part.
.i wrote a letter to my congressman Scott Peterson, and his assistant, Sarah March, has stepped in to help me. I demanded to see my STR's at the VA regional office here in mission valley, san diego, ca...as I'm sstarinatg the VA officer s computer he cclickons my STR's and i immediately,flipp out...these werent even my records they were a veteran by the name Raymond Swear...in the in 1953...i immediately call congressman peters office, that was Dec. 8, 2014...i opened an appeal in Aug.and it hasnt been looked at since then...then on Dec. 10 2014, Raymond Swear entire medical records were delived to me...major breach of patient confidentiality, just for starters...i could go on, but when u view my file, i hope ufeel as frustrated as i am i continue to live alone, except for my service dog, i look forward to hearing from u soon.. I have made copies of my case, and its backed up on USB.., HERE IS MY INFO
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Broncovet Thanks for your response, the VA said that my 2 buddy statements were not credible, and that's very strange as for scars YES! on my forehead! And YES, I did an entry physical and an ets physical, but again, " the records are lost". In February I filed the appeal and it's been at my regional office since awaiting a DRO. The VA says we see that you have a head injury, as per the MRI, but there's no proof it occurred while in service.????
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Thank you
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Yes my claims rep said, since my SMR is nowhere to be found, they would work and they reopened my claim, administrative review, it was denied. Reason? Lost medical records and, and I qoute" less than credible statements.#1 statement was from the soldier in my company who took me to the hospital. #2 is from now a SFC retired who picked me up from the ER. both I found on Facebook. Could not believe it!
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During that time I suffered a Major TBI injury on post involving 4 guys and their baseball bats and mag lights, connecting to my head, I wont get into the specifics but as you can imagine my life has never been the same. PFC Scott Nagy packed my head with ice not knowing what else to do, rushed me to the E.R. at Womack Army Hospital. I got in touch with the Mission Valley Regional office and they reopened my claim, 2 years later, my claim was denied because they couldnt find my records. Within 6 months Id written many letters to Womack Army Hospital, which I have, the NPRC and Nat5ional Archives, still same response then I remembered back in late of '94 or early of '95 the MP's filed a criminal report of this incident , I wrote the Fort Bragg Military Police, the FBI. and tried to contact my unit to no Avail, Then I thought about social media, Facebook in Particular, the fellas in my company from the army we correspond and I got in contact with Scott Nagy and Retired now, SFC Breck Ferguson, told them the story and they wrote in their own words 19 years after the incident their roll. My represenitive seem to be satisfied that these statements along with my current medical records, the MRI showing the brain damage I got in touch with the Mission Valley Regional office and they reopened my claim, 2 years later, my claim was denied because they couldnt find my records. Within 6 months Id written many letters to Womack Army Hospital, which I have, the NPRC and Nat5ional Archives, still same response then I remembered back in late of '94 or early of '95 the MP's filed a criminal report of this incident , I wrote the Fort Bragg Military Police, the FBI. and tried to contact my unit to no Avail, Then I thought about social media, Facebook in Particular, the fellas in my company from the army we correspond and I got in contact with Scott Nagy and Retired now, SFC Breck Ferguson, told them the story and they wrote in their own words 19 years after the incident their roll. My represenitive seem to be satisfied that these statements along with my current medical records, the MRI showing the brain damage...... In the end claim was denied and my witness statements and I quote, "less than credible"???? WTF???
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Hello my name is Thomas and I live in San Diego, CA. My unit Cco 2/505 per 82nd Airborne Division from 7/92-7/95...will probably spend most of searching in the VA research forum, so I'll state my issues in that forum if someone has any advice or who has answers that will help me. Thanks
5 buddy statements isnt enough?
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
I'm just preparing for the video conference from my VA to D.C. I've had everyone involved , including everyone from my VASH case Manager all the way up to the under Secretary, Allison Hickey. if the judge favors my case when would I get compensated from, taking into consideration that this other veterans records were in my file, and mailed to me?