ADodge

So Checking my Mail today, And got rather excited because there was this thick envelope from the VA in my mail. But that bubble went POP real fast when I looked at the Name on the envelope!!! The letter is for a ZACHARY G HAGAN, and this might be a Zachary out of New York someplace because the Regional office address is BUFFALO, NY. The address is MY address, in Massachusetts. I am sending it back to the VA and I have called the 800 e-Benefits # and informed them about this error!!! But I have to say seeing this very thick envelope sent to my address with a veteran's Name who I don't even know who very likely doesn't even live in this state really Pisses me off. and also answers a question for me about a decision on a VERY SENSITIVE claim that the VA lost on me two summers ago. The care and concern shown by the VA on a scale of 0 to 5 was minus 10. And when I called the VA or e-benefits today about this error the only thing they had to say was " OH! Could you send it back?" All I can say to any of this and the way the VA handles the claims of Veterans in this country is WTF!!! I hope no one is too offended by the use of those 3 letters, but I am just honestly at a loss when I realize the callousness of a department that is responsible for one of the largest areas of a legally binding contract between the U.S.Government and the Citizen that freely enters into the U.S. Military to serve their country for a set number of years. The fact that if the Military member does not live up to their sworn voluntary obligation to the Government and illegally breaks that contract. That military member is always held accountable!!! Yet the VA has for NUMEROUS YEARS violated their part of that contract in every way possible, including times when it has caused or been a leading cause of a Veterans fatality!!! And could someone PLEASE tell me exactly what the consequences have been for the VA??? Because I still don't see too much of a change in the attitude of those who administratively serve Veterans!

Well I found my dependent spouse medical records and have sent for them. Now I don't know if anyone else on this site has had a problem locating medical records such as these and if you have I will post the address of where those records are if the are in fact archived military medical records!!! Seems everyone involved in my case absolutely had NO IDEA where to locate those types of records and suggested i contact the original base. And when I said that base and command no longer exists, take a guess at that response? Shrugged shoulders!!! Yup No help at all. Just kind of a Too bad guess you can't use those VERY IMPORTANT MEDICAL RECORDS!! And they were in the same place as my Military service and medical records were!! The National Personnel Records Center, Military Personnel Records. In ST Louis MO. NO Your kidding!!!! So here is the address if anyone needs those Medical Records. You can contact them by this phone number they will email you the form that has to be filled out and sent. The number is 314-801-0800 just listen to the prompts. Once you get the form it will have this address on it. National Personnel Records Center Military Personnel Records 1 Archives Drive St. Louis, MO 63138-1002 Well I do hope this information helps someone!!!!

Thanks Berta You have really been a great help to me in this endeavor!!! I really am stuck on this NEXUS thing simply because I just don't see how they don't see the SO called NEXUS. Since definition of a NEXUS is as follows: "the means of connection between things linked in series". and though that terminology is so typically specialized Military Jargon in other words it is just plain outright Gobbledigook!! To write that in plain English it means the action connecting everything together proving that the current problem or disability is a continuation of the service related issue. So given that being the definition of a NEXUS. The last Doctor who did the C&P exam during the DOR review makes the NEXUS very clear in his review of the record. Since the Nexus is proven by that Doctor wouldn't the Local VA have to settle the case on that bases? I mean isn't that why that do the review before they issue the SOC? And the DAV is suppose to be representing me and they are of no help at all so i am not looking at hiring a lawyer. I am NOT gong to loose this because the DAV happens to be in my opinion very incompetent!!! Anyway thanks for all your input you posted a link back in the summer that really helped a lot in what I wrote to the BVA in support of my EED. I can't thank you enough for that link. Aileen Dodge

OK So I filed a NOD for an earlier effective date on the claim of my service related claim of Asthma. I received a rating decision dated May 5, 2016, of established service connection for asthma from September 9. 2014. That was the date the VA received my claim. This was a reopened claim. Now they knew this. I had forgotten that back in 1984 soon after I was discharged I had filed a claim for Bronchial Asthma and was denied in 1985. I never appealed it, and there are far too many reason why to get into them at this point in time. But this rating decision in May gave me 60% right after I had a C&P exam done. I was rather surprised at the time how fast the claim was processed and approved which all the news about appeals and denials. Before this approval reached me I was told to go on line and join ebenefits because it was the best way to communicate with the VA and if my claim was approve I would be able to enter my banking information thereby making it possible to receive my benefits electronically. I did join ebenefits eventually found out that back in 1984 I had filed an initial claim for Bronchial Asthma it was denied in 1985. I had also signed the form for the DAV to represent me back then. SO this is where my claim starts to get really screwed up. In September of 2014 of course the VA didn’t know I had previously filed a claim for SR Bronchial Asthma, however by the time I was sent for the C&P exam they did know. Yet at that time they still were not referring to this claim as my reopened claim. Whenever I spoke with anyone regarding this claim it was always as if it was a new claim. It wasn’t referred to as a reopened claim until my memory was refreshed when they FINALLY decided to grant me the privilege (what was actually my right and I to have to demand) of providing me with a copy of all my military files!! And at that point the Gig was up!!! Whereas the individual at the Boston VA office when I finally got through to someone there told me I should speak with my representative (For several weeks I had left messages at a number which stated it was the DAV Boston) I told Nicole, who also happen to have been the person who had scheduled that HORRIBLE PTSD/MST C&P exam and so conveniently did not send or provide all the statements in support of my claim to the examiner. (NICE? Huh?) Anyway she told me I should be speaking with the DAV. I told her that I had been trying to reach them for several weeks, that I had left messages everyday but never got a call back. Nicole said she would make sure someone from the DAV called me. Funny how within an hour I did hear from the DAV. (Found out the Boston DAV is not only in the same building but on one of the same floors of the Boston Veterans Administration.) (Anyone thinking conflict of interest here??? Because that is what I have begun to think) Anyway if I don’t watch it I will go off subject and never get out the questions I have. So eventually I pushed for a 2nd PTSD C&P exam that was granted and in July I was awarded compensation at 100% which was a combined rating with the Asthma and the PTSD and the UE rating. But I had also filed the NOD for a EED on the Asthma. SO here is my first question. I know when I filed my NOD that I asked for a person to person hearing. I remember that being a choice and one that I did mark off. So I was rather curious why I wouln’d be granted one? I got the SOC on my NOD around the same time as the approval came and I called the DAV representative because there was a problem with the SOC and her attitude was really shocking to me and it really pissed me off to. I mean she got pissed at me because I asked if there was anyway to talk to the individual who had done the review and written up the SOC, because it was wrong!! At first she said don’t make waves that I should just let it be!?? But as I read it over again I was like NO WAY!!! This is WRONG!! SO I called her back and out right asked about speaking to the reviewer or possibly his supervisor? That is when she got all pissy with me!!! SO I sent her an email that basicly let her know that she hadn’t done any thing for me any way so what the hell I’ll come in to the Boston VA and ask to speak to someone there, myself. She sent me an email back that basically indicated she was no longer going to represent me. So I sent an email to the DAV main Boston Office asking them for the forms that I needed to get rid of them and find someone that actually wanted to represent me in this matter. I ended up getting an email from the 2nd in charge who said they were still my reps and that he would handle my case. Sounds good right??? NOPE it’s not. He is every bit as evasive as the last person was. The only reason the Boston VA issues a SSOC is because when it seemed after I was approved for the 100 percent the local VA was Fing with my case and no mater how many forms I gave them they kept pushing back the date that they would settle and send out the notification letter then start at least paying me the 100% monthly amount. The first date was the end of June then July some time, then the end of July then August, until it got moved all the way back to January 2017. So I had enough and wrote an email to Secretary McDonald. And believe it or not I got a response back from so one in Washington out of his office who said someone would contact me. A week later the 2nd in charge of the Boston VA called me and we had a long talk. He got the problem with the benefit taken care of like he said he would and I got the retroactive and pay by July. He also said he would talk to the people in the review office about what I saw as an error and he would have them take care of it. Unfortunately he was transferred before they took care of the whole issue so only part of that was taken care of. Hence the SSOC was issued. But it was issued on the same date that my appeal was certified and sent to the BVA. So my 2nd question I have is this. Does anyone know if my case could have been settled on a local level had I not filed the Form 9 if I have officially reopened the case instead of continuing on with what appears to be a new case filed in 2014? And my 3rd Question is, what exactly is a medical Nexus??? See I thought that was a connection between the in service condition and the current disability??? So below is a statement made by the VA Doctor who performed the last C&P exam that was requested by the individual who did the review and this Doctor I believe absolutely creates this so called Nexus!! SO if he has why didn’t they settle it and why would they deny their own Nexus??? Oh and part of this is the problem I found where there is a typo that the person who transcribed the Doctors notes left out ONE word in a sentence. However it is a vital word for the sentence and the whole paragraph to make sense. To date it still is NOT fixed!!! Tell me if you catch it. The word that is left out is “NOT”. SO the following is the VA doctors report PLEASE give an opinion or suggestion!! I think I am about to go MAD!!! Aileen M Dodge ACE and Evidence Review ----------------------- Indicate method used to obtain medical information to complete this document: [X] Review of available records (without in-person or video telehealth examination) using the Acceptable Clinical Evidence (ACE) process because the existing medical evidence provided sufficient information on which to prepare the DBQ and such an examination will likely provide no additional relevant evidence. Evidence Review Evidence reviewed (check all that apply): [X] VA e-folder (VBMS or Virtual VA) MEDICAL OPINION SUMMARY RESTATEMENT OF REQUESTED OPINION: a. Opinion from general remarks: Active duty service dates: Branch: Navy EOD: 03/30/1980 RAD: 03/30/1984 Branch: Marine Corps EOD: 03/07/1978 RAD: 03/24/1978 OPINION: Direct service connection Does the Veteran have a diagnosis of (a) asthma that is at least as likely as not (50 percent or greater probability) incurred in or caused by (the) respiratory complaints during service? POTENTIALLY RELEVANT EVIDENCE: Tab TAB A (Veteran's statement in VBMS): Veteran's application for service connection dated 09/09/2014 Tab TAB E (STRs in VBMS): service treatment records show respiratory complaints to include bronchitis and asthma dated 01/16/2015 Tab TAB B (Outpatient treatment records in VBMS): VA respiratory DBQ dated 04/18/2015 Tab TABS F-K (Private treatment record in VBMS): Multiple records from Beverly Hospital showing treatment for respiratory condition dated 04/25/2015 Tab TAB C (Outpatient treatment records in VBMS): VA pulmonary function test dated 05/04/2015 Tab TAB D (Veteran's statement in VBMS): Veteran's statement dated 06/10/2016 b. Indicate type of exam for which opinion has been requested: respiratory TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ] a. The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness. c. Rationale: I have reviewed all relevant documentation in the claims file, with particular attention to the documents cited in the 2507 and tabbed. The period of service that seems relevant to this opinion is that of the veteran's second enlistment, from 1980 to 1984. Her enlistment examination dated 11JAN1980 makes no note of respiratory disease. In her separation examination dated 20MAR1984, veteran reports having asthma and shortness of breath. In the interval, the veteran compiled a substantial record of respiaratory signs and symptoms, beginning May 1980 and intensifying during June 1980. She was variously given diagnoses of asthma or bronchitis, and treated for both. Wheezing was heard on physical examination more than once. Chest radiographs were non-diagnostic, and were normal at time of separation. Pulmonary function testing was abnormal as early as 06/26/1980, with marked reductions of FEV1 and peak flow, both minimally responsive or unresponsive to inhaled bronchodilator. By 2013, her pulmonary function had deteriorated even farther, and chest imaging showed transient ground-glass opacities. Pulmonary function testing at VA Boston in 2015 showed additional deterioration, with no response to inhaled bronchodilator (I cannot determine whether she was already maximally bronchodilated from medication). This veteran has a pulmonary disorder characterized by asthma-like symptoms and by moderately severe airflow limitation with inconsistent response to bronchodilator. The correct diagnosis may not be asthma, but as a working diagnosis asthma is adequate. It is clear that the veteran's condition began shortly after her re-enlistment in 1980, and has worsened since then. The condition was noted on her entrance examination. In my opinion, this veteran has asthma or a similar chronic respiratory disorder that more likely than not was incurred in her military service from 1980 to 1984. *************************************************************************

DRO Hearing?? Really? I thought I asked for one of those when I filed my NOD but that Never happened!!! Maybe someone could explain why some vets receive a DRO hearing and some just get a DRO review then a SOC and when the DRO is screwed up and the Vet brings this to the attention of the local VA the are then given after the Veteran has filed a Form 9 because they have been told they have to. After the Local VA realizes they did in fact screw up the SOC on the same day the VET receives a SSOC they also get a letter stating that their Appeal has been certified!!! I'm telling you I am very confused and will post my confusing under a new topic but I would like to know why some Veterans do receive a face to face DRO and some don't? Or has this just been one of the many screw ups in my case?

OK SO in the continuing saga of this claim having been settled and now at 100%. After going to the regional office in person and telling them to get rid of the dependent claim for my 20 year old daughter that was on my claim stuck there from the first claim. That dependent claim that I had tried several times to remove back in 2015 and ebenefits had tried unsuccessfully to remove in 2015. I was finally able to get it through SOMEONES THICK SKULL that there should never have been a dependent claim for my daughter on my claim. And had they look at the original claim they would have been able to see this. Personally I believe there are individuals that work at the Boston Regional Office that know all the tricks in the book of how to delay an approved claim. Like how to set it on the back burner so they don't have to work that claim right away!!! Now that might sound paranoid, but when I think about what is contained in my file and the crap I have been though with that office I prefer to call it intuition. So I hand delivered all the information regarding the need for a compassionate appeal to accelerate my claims and appeals due to terminal illness. And then I told them that I found it unacceptable that fact that my claim show it was settled and all I was waiting on was the letter, then it was booted back to a waiting for more evidence status there by causing the settlement date to be pushed up to NOVEMBER 2016 sometime!!! That November was unexceptionable. Especially considering the error was theirs!!! The person I was speaking to was all prepared to just brush me off until I said I wasn't gong to be brushed off. That if he could not guarantee me that this issue of the dependent being the only stuck point having now been cleared up, which should now move my claim back up. Then I will wait to speak to someone who can help me. His supervisor or the person who actually works my claim!!!! And so he told me to wait and I waited for about 20 minutes, while he disappeared down some hall. When he came back he said it was all taken care of. My increase should take affect in August and the claim would be worked on August 7th. So I guess that is when they will figure out what they owe me retro. The next day when I signed on to ebenefits it reflected these changes it also reflected that I had requested a video conference with my form 9 on my appeal. I have, as this site is named so very well "HAD IT" with all this BULLSHIT crap. HOOPS we have to jump through, number of times we are made to feel we are running around in circles, chasing our tails and getting nothing done. We all have lives we want to live that DO NOT and SHOULD NOT REVOLVE AROUND THE CONSTANT STRUGGLE with the VA!!! For CHRIST SAKE every VETERAN that ends up going through this SHIT, ends up NEEDING a GOOD 6 MONTHS WORTH OF THERAPY, then ONE HELL OF A GREAT VACATION!!! Just so they can get back to LIVING LIFE!!!. I am so GOD DAM EXHAUSTED FROM FIGHTING with them. And it isn't over YET!!! I STILL HAVE TO FIGHT THIS ONE LAST APPEAL!!! I HAVE TO LIVE LONG ENOUGH TO FIGHT AND WIN THIS APPEAL!! AND I WILL!!!!

Thanks everyone for the input and advice. It really has been helpful. Does anyone now how long it take for them to decide exactly how much is owed retro and when the 100 actually kicks in. I'm asking because every time I check ebenefits for an estimated time when the claim will be settled or closed the date keeps getting further and further away? First it was July 8, 2018 then July 11, then July 25, then August 9, then September 12, 2016. I mean what the hell??? I feel like they are just dangling this decision over my head like bait of some sort!!! Am I jumping high enough for the powers that be or are they wanting me to jump just a little higher???? I would LMFAO but it really isn't funny now!

I suppose my saying I won't NOD the denial of the previous COPD claim and other items is just from being so GD tired. Maybe when my get up and go comes back I might. But I just want to see the larger appeal settled and maybe enjoy life for a while. This Chemo is kicking my ass lately!!! So that just might be why I feel like that. I'm sure in a few months once I get more Iron built up and I have gotten use to this new Chemo I will regain that fight back. Then it will be a different mind set. As far as it goes for the SMC S I didn't apply for that it seems to state I am being granted it, I think? But I am not really sure why? That is what I was asking. What exactly is the criteria for getting SMC house bound with an S rating at 100%? I am married so I do get the allowance for having a husband. I also have a 20 year old daughter with a learning disability who I am hoping will try to go to Art School MAYBE this year??? I finally found her an advocate that can help her with her disability and help her get the services she needs. Sometimes it is NEVER ENDING!!!! Aileen

So I hope I am not JINXING myself. I have received notice from the DAV and also unofficially from ebenefits that a combined evaluation of S has been assigned as a result of the following actions: and it goes on to list at least 10 different actions. Some don't apply at this time and some just restate decisions that were already in place or made in the past. such as the rating of 60% for Asthma. And the denial for COPD, restrictive lung disease, anxiety disorder and idiopathic hypersomnia. It states the effective date which I feel is wrong but I wont NOD it since I currently have a NOD in for an effective date that goes back to 1984. I also am not going to contest or appeal the COPD or restrictive lung disease decision for the same reason. It's been hard enough just getting them to recognize the fact that the Asthma an in-service injury for Christ sake!!! Anyway I was given 70% !!!! for the PTSD (MST) which was very surprising!!! And then Entitlement to individual unemployability. And then there is this sentence that I don't understand which I hope someone can explain and answer what this benefit is. I have read the official regulation regarding this benefit but needless to say it simply confused me even more because none of the regulations are written in plain and simple ENGLISH!!! (And that really pisses me off considering they were suppose to rewrite all these regulation so that they were in plain ENGLISH. But that has not happened! And for the ones that they think they have done that too!!! Well I don't know who it is that is translating the complicated English to Plain English but who or whom ever it is, DOES NOT SPEAK OR KNOW EXACTLY WHAT PLAIN ENGLISH IS!!!) Sorry I had to say that. Got distracted. Anyway on with my question. I don't under stand what the ENTITLEMENT TO SPECIAL MONTHLY COMPENSATION BASED ON HOUSEBOUND CRITERIA BEING MET IS GRANTED FROM Then there is a date. So if someone could explain that to me and I also was wondering if there is a site someplace where I could figure what the retroactive amount will be. (I realize the VA will figure it out for me but I would like to double check what they are figuring) Ya so I guess I don't trust them 100% Does anybody else??? Thanks for the input and help. Aileen

They won't be calling me back in. I have over 30 years worth of records that show my Asthma has always only gotten worse. In fact the VA doctor that just recently reviewed my file in this unattended C&P exam states that with the medical history presented over the years it appears that I may have something other than Asthma. But that as far as the claim goes Asthma will suffice as the diagnosis of record! What is confusing to me is the term NEXUS!!! From the way it has been explain to me there is clearly a NEXUS for the ASTHMA. The DAV rep said that the DRO person cannot make the decision to grant the NOD and that the case must be filed as an appeal now. SO is that true? Is this claim to complicated to be decided on a local level by the DRO??? It seems to me that the only thing that makes this case complicated it the amount of time involved. SO what this means to me is that sure the DRO believes there was an error back in 1984 when I was initially denied the claim for service related Asthma, but because that would involve a really LARGE sum of retroactive money the DRO cannot officially say "Yes the VA was wrong in 1984 and you should have been approved". That there must be a monetary level that DRO's are allowed to approve and anything over a certain amount must be SOC and moved on to an Appeal. Now if this is the case that really is WRONG and it really is no wonder why there is a 6 to 8 year back log of Appeals. It really shouldn't be money that is the deciding factor in any claim made by a Veteran. It should be the rules and the law. Isn't that what is always stated to every Veteran when their appeal is turned down. Oh I'm sorry but by law you didn't do such and such and so we will not approve this. What I am being told and from what I am reading the facts are all there. It is very obvious that the VA was wrong when it denied my claim in 1984. And even though I didn't file an appeal back then. I also wasn't represented as I was suppose to be. The 22-23 form I filled out more than likely was never forwarded to the DAV back in 1984. The law has been changed since then!!! That matters greatly too!!! The fact that the Asthma was from being in the service and I received treatment for it while active duty and then after being active duty, every single day after discharge and there is significant proof that the treatment continued and the illness has gotten worse as every year passed. So I have to wait for someone until someone whose job ranks them high enough to approve a claim that has such a high retro active amount tied to it??? Gee does that happen when there is a Democrat president in office or a Republican and what does the unemployment rate have to look like and the GNP for that matter??? I have a feeling I need to know those things, whereas knowing that info might give me an insight into if my claim might be approved or not!!!! (Just kidding!!! LMFAO)

Someone will have to let me know if that doc opens or did I not upload it right???

OK So the C&P exam was done and the doctor found that YES it was More than likely that the Asthma is a service related injury that began in 1980 soon after boot camp. (As I have always claimed!!) And that the current disability is a result of this service related treatment of this Asthma. But I will quote what the findings of what the DRO wrote on my SOC. Better yet I will attempt to scan and attach a copy. Of course this time I will make sure all the personal info is deleted from the pages!!! LMFAO. SOC scan1.pdf So I keep reading this and say WTF???? I wonder if anyone else has that reaction. Or maybe I am just thick as a brickwall!!! Of course I have filled out the form 9 and sent it to my rep to send it in for an appeal. And I have again restated that case and have again asked that the VA CUE themselves. Based on a couple of reason. So now I wait. Would love any feed back that might be given!!!

So if there is enough medical evidence then I take it they are using my military health record and the medical records I supplied them with. Because other than that they wouldn't have anything that is actually current. But if this is normal then I guess I was just surprised to see that a C&P exam had been scheduled and I had not been notified!!! Perhaps they will be scheduling another one this week when I supply them with more records!!! Because I have to send them all my Oncology records. Strange how they scheduled this exam when they know MGH is sending all my oncology records this week. In fact they should receive them today, Monday. Well I guess I shouldn't be too surprised by anything that goes on with the VA. but just when you think you have heard it all or seen it all, something new happens and WHAM I am totally SHOCKED!!! LMFAO Thanks for the input. It certainly set my mind at ease!!! AMD.

Sorry about the above post. I seem to be experiencing problems with my Surface??? Anyway you stated that you haven't experienced and traumatic incidents???? Well by the time the VA gets done with you, I am sure you will feel that statement no longer applies!!!

So I'm wondering if anyone else has ever had a C&P exam that they do not have to be at?? I did this past Thursday!!! I found out about it because for the past week the ebenifits site has not been working right for me. I cannot check my status or most information that is of a personal nature. I keep getting this error code. I reported it. Talked to a tech on the phone he took all the necessary information and said they would contact me via email. Well that was over a week ago. But I keep checking to see if they have fixed the problem. But they haven't! Anyway I called again an was taking to someone at the 800 # that you would call about status. And I happen to click into the VA appointment area. And Holy SHIT there is an appointment that had been scheduled at 0800 Thursday! And I knew nothing about it. And the appointment indicates it is a C&P appointment!!??? WTF?? And what is really screwy is that I was at the VA on Thursday because I have a standing appointment on Thursdays 2 1400. So I ask this person on the phone what they hell that is all about, considering I was never notified of the appointment and the status appears that it was CANCELED by ME??? And believe me I am really pissed at that point!!! SO this person explains to me that this appointment was scheduled by the VA and it was a C&P appointment but the type that I don't need to attend. I said REALLY? And can you tell me exactly how they perform an exam without the patient being present?? And this person tells me they use the records they have from the VA??? I told him that was going to be the shortest exam in VA history considering I only go to one area of the VA for a class which wouldn't help in any way with my current claims, so honestly EXACTLY WHAT INFORMATION and who is giving this MEDICAL information that supposedly has anything to do with me and any of the claims I have open at this time? This person said they didn't know and that these exams are a normal part of all claims???? WELL I don't know about anyone else on this site. But I certainly find that rather STRANGE that a Veteran can have a C&P exam done with out being physically present??? I also want to know EXACTLY the who, what, when and where of any medical information that was obtained Thursday morning and EXACTLY how it is to be used as far as any open claim I have at this time with the VA?

Gastone not really sure what Redacted Evidence of Record you are talking about?? There never was evidence missing even in 2014. They just decided that my Asthma was no service connected due to allergies??? Of course the VA never stated EXACTLY what allergy it was that I had that was so bad to have caused me to have Asthma so bad that the symptoms followed me from Florida to Georgia to Great Lakes??? And yet it was an Allergy that I didn't seem to have before I joined the Navy??? But that Allergy was so bad that I ended up having to be on medication for the Asthma on a daily basis starting from the time I began having a problem breathing through the 3.5 years left to my enlistment. I personally think that there was a fungus or bacteria in the Air condition in the Seaman apprentice Training barracks that I happen to breath in and that since they never checked to see if that were the case that for over 3 years I had this hellish fungus growing in my lungs or a bacteria that was incubating in my lungs and that eventually it got treated with the proper antibiotic but not until it killed at least 10% of my lung capacity with scarring in the left lower lobe of my lungs. You know I just thought of a really important fact in the history of this Asthma I have dealt with since 1980. In 1981 every Chest X-ray that was done always had a question of possible Atelectasis in the Left lower lobe. Which meant there was possible scaring in that area. Now all the X-ray slips from the Naval Hospital radiology department just state the X-ray is a normal study. But if those reports are matched with what the Doctor notes state it does indicate that there is possible scaring or what is known as Atelectasis. Isn't it strange how the Doctors notes differ from the X-ray reports!!! So I wonder how hard it will be to match all those X-ray reports with Doctor notes. And if I do this then I believe ( and of course this is just me) that to do this would show what should be considered new evidence to further support that claim back in 1984!!! Well guess what I will be doing this weekend!!! LMFAO

Well as I said in my NOD. I filed a statement in support of my claim asking the VA to recognize that they made an error in 1984 when my claim was denied and that I would like them to rectify that error as they review my NOD! Now I am fairly sure that if you bring a CUE to their attention and it really is a CUE that the VA must correct it. If not well no harm done. But it seems to me that I read some where and it might have been in a granted appeal I was reading that if the VA is made aware of a CUE they have an obligation to act upon fixing that error, long before the Veteran has to file an official CUE. But I maybe wrong? I'm going to go back over the appeals I was reading and check though.

Ok SO this is what I did regarding this NOD. I submitted a statement in support of my claim which requested that when they review this case that they look at the original claim in 1984 and see that there was a Clear and Unmistakable Error made by the VA in 1984 when my claim for Asthma was denied! That the VA should correct the Error that was made. That if the error is not corrected from my filing this NOD. Then I might at some time be forced to hire an attorney and have them file a CUE for me. I also indicated to them that this would be an unnecessary hardship on me (the Veteran) and my family given the fact that I do have a rare form of Leukemia and the amount of time it takes to file and settle such actions. And since I have willingly provided the VA with my current status of treatment for this Leukemia and all the current Medical information regarding the status and treatment of this leukemia. That with this Statement in Support of my claim gives them all the information they would need to determine how great of a hardship it would be for me to have to go through the lengthy process of filing a CUE especially when a review of my records shows without a doubt that in 1984 when my claim was denied it was undoubtedly a CLEAR AND UNMISTAKABLE ERROR made by the CHICAGO VETERANS ADMINISTRATION! And that if such a CUE were to end up before the board of Appeals. I do believe there would be some questions as to why the CUE was not settled when it was identified in the NOD! And I also mentioned the fact that if I was no longer available to continue with the claim that my family would be sure to raise holy hell and that I am quite positive Heads would roll!!! And though I didn't use those exact words I am sure who ever reads my statement will understand exactly what is being stated. I also stopped by the Congressman's office and had a long talk with his VA rep. Who made a few calls for me. Now I know some people believe that involving your Congressman or any Politician can slow your Appeal down. But if you are looking at 6 to 8 years for an appeal to be looked at what does it really matter!!! And they do tell you right up front that they cannot tell anyone to move your Appeal ahead of anyone else and they also cannot tell the VA how to rule on your appeal either. But what he did tell me was that he would tell the person at the VA what my hardship is. And if they would take a look at my NOD and see if it was going to take a long time or if it was one that could be heard soon? Oh I have to say the reason I submitted that statement in support of my claim was because I had researched some recent appeal decisions. And a few of the decisions that I read involved the veteran's disagreement with the effective date due to a previously filed claim that was denied and the veteran had not appealed that decision!!! It seemed to me that the Appeals board really didn't give a rats ass if the Veteran was ignorant of the rules of appealing a claim and that even if the person or organization they had asked to help them never contacted them to inform them of what they could do after the denial of their claim. That didn't seem to matter at all to the Appeals Board and the Appeal was rejected because the initial claim was never appealed! Now I would have thought the DAV rep would have told me about this! But she didn't. And back in 1984 it was the DAV in Chicago that was suppose to help me and I never heard anything from them. SO I guess I really am not that surprised. SO I figured I might as well write that statement because it certainly wasn't going to hurt anything. And from my perspective I believe it just might help! Anyway, I did try to check on the status of my NOD but I don't think that is something that is allowed. I guess it now comes down to the usual "Hurry Up And Wait"!!! Oh and I am keeping my fingers crossed!!!

ROF LMFAO Thanks I needed that laugh!!!!

OK Never Mind disregard the Question about Peggy!!! LMFAO I realize now that it is the 800 number on ebenefits!!!! ADHD is horrible when the meds wear off!!!!!

Not to sound too stupid!!! LMAO!! Perhaps it is the ADHD in me. But I have heard this PEGGY mentioned previously and I am not really sure what or who this is. SO could you please explain? Thanks so much! Aileen

I Agree with you pwrslm. And a little over a week ago when I met with the congressman who had an open meeting for his district in Salem MA. I brought this to his attention. The fact that a lot of appeals that are backed up into the system are a matter of technical human error! That a majority of these claims should simply be looked over at a regional level. And not be held up in the appeal process of waiting almost 6 years!!! Which in the end either adds more retro years onto the claim or causes the claim to be shot back to the regional office for review anyway. And what a slap in the face that is for the Vet who has been waiting all those years, who had known all those years that is exactly what will happen to their appeal!!! Yet no one at the Regional Office would listen or pay attention to what the Veteran was asking or explaining!!! And why is that??? Personally I believe it's because for the most part those that work at the Regional offices 1. Don't want to hear what the Veteran has to say and 2. Don't believe that the Veteran ever knows what they are talking about (as in the Veteran doesn't know how to apply the laws or regulations to their case like the regional worker does)!!! It's like my NOD. My NOD has been filed at the last moment because I was the one that brought it to the attention of the DAV rep that has been assigned to help me with my cases that I felt the Regional Office should have taken the 1984 claim into consideration when they made a decision about the Effective date of my claim. I asked her why they hadn't and if I had to file a NOD over that or could I just ask someone at the Regional Office why they hadn't taken that original claim into consideration? It took her over a month to get back to me with an answer! Thank god I already had the NOD ready to send out! But since I found out how long the Appeal process can take I decided to call the Records Management Department and check with them about what was up. Oh well lets see its about a five year backlog on appeals. I could file a CUE if I am not mistaken by the information that was given to me I can not have an Appeal and a CUE filed at the same time!!! And that I might be better off filing a CUE because that is like a claim and won't take as long as an Appeal. But of course this person was not telling me what to do or even suggesting what I should do she was just telling me about the amount of time each process has behind it. BUT what she doesn't say is what is involved with filing a CUE!!!! All she said was that it might behoove me to hire a lawyer or to get some help with my claim so that I fully understand what each action is before I do anything to the NOD I currently have filed. SO then I asked what happens when a Veteran has an illness like cancer or leukemia? And Time is not on their side any more. She said that SOMETIMES That is taken into consideration!!! If your Doctor will verify that you only have so much time left!!! REALLY!!!! WTF??? I Have CML It is a rare form of leukemia! I am currently on my 2nd form of Chemotherapy. I will have blood work done in a few weeks which will tell me if I have had some level of Molecular response to this Chemotherapy. I'm Keeping my fingers crossed and hoping for the best!!! The last Chemotherapy I took was good for almost a year! Then it suddenly stopped working and that is just the way it is which this type of Leukemia and the Chemo drugs used to treat it. Sometimes they work forever and sometimes they just stop working. Then you have to look at transfusions and other messy types of Chemos!!! Things like that have a tendency to shorten ones lifeline!!! Know what I mean!!! But it is not like my Doctor can really say one way or the other about my prognosis. He is as hopeful as I am!!! We are both hoping that I will have a major molecular response and then stay there forever!!! What exactly is it that the VA wants my oncologist to write. That I will be DEAD in less than a year???? Honestly!!! Whose Doctor is going to write such a thing about their patient?? SO because of this I am a bit concerned and worried what the future will bring and is there a time when I should honestly think about having my Doctor weigh in on this whole mess??? It really makes me sick thinking about all the Veterans out there who wait so long over such stupid oversights!!! Sorry about the bitching. guess it's just one of those days plus I spilled coffee on my keyboard and now have to get a new laptop because this one is dying even as I write this!!!. I do want to say thanks for all the advice!!! Everyone is always so very helpful on this site and I know I would be totally out in left field without a game in play without the help I Have gotten from everyone here!!! Aileen BTW it only took me 2 hours to write this note!!!! LMFAO

I was looking at my 1984 claim and wondering if they did have my records or if they just made a decision made on the evidence at hand. In other words if they simply made a decision based on the C&P exam and tests I had when I filed the claim back then. But I found the Copy of the request for my service records, my service medical records and other medical records that were then active at Great Lakes Naval Hospital. This is where the confusion was for them but had been clarified as was noted on the request. The hand written note stated "ADJ Vet has other name Horton - Husband is Jason Horton. Please handle this batch with CARE! Don't know if using husband SSN under Horton." What is really strange about this note is that my son's name was Jason, my husbands name was Tom. I found it also strange back then that I remember them asking me to send them a copy of my divorce papers from my previous marriage??!!! Well, I was not the one who had been previously married, that was my husband. And I had to send them a note clarifying that issue. I also had to send them a certified letter clarifying the issue of who my husband actually was and what my child's name was!! SO in the end when they denied my claim for Bronchial Asthma back in 1984 they absolutely had ALL my Medical records!!! and ALL of my Military Service Records going back to 1978. Which showed that I did not start having difficultly breathing until I was assigned to Seaman Apprentice Training school. The had several PFTs results that had been done while I was active duty and one from when I was a dependant wife. Which was done just one month before I had my C&P exam for my claim. There was an error made but I am just not exactly sure how to state that it was an error. Can I dispute how the decision was made back in 1984. I know that decision was wrong. I know it was wrong because I didn't have asthma before I entered the service. My lungs were perfect. I know I was exposed to something that came out of the AC in the Seaman Apprentice training barracks! And from that point on I I had to have medication to control the breathing problems I continued to experience. I didn't diagnose myself with Asthma! A navy Doctor did, as well as an Air Force Doctor. And yes asthma is related to allergies, that is what usually proceeds an attack. And that is normally why someone with Asthma takes medication 24/7. And that is usually for the rest of their lives especially if that person Develops Asthma as an adult. What I think is they were wrong back then, and now they are wrong in the date they used as current effective date. I feel that the Effective date should be 1984 ? I can't say I totally understand all the Legal lingo that is used in 38 CFR 3.156 or 20.1403 Rule 1403 or Authority: 38 U.S.C. 501(a), 7111. I don't think any of it is written for a lay person to understand at any point in time!! And here I thought the FEDS had passed some kind of regulation that was going to change all these regulation to be written in a more clear and concise manner so that the average citizen could read and understand them!!! I must have dreamt that?? Right?!