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hurryupnwait

Senior Chief Petty Officer
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Everything posted by hurryupnwait

  1. Does anyone know the outcome of this post? cue Is it true that a CUE claim goes down a different path than an Appeal at AMC?
  2. I did not return this VCAA notice response because it came from the RO and my claim is with AMC. One year expired on March 20th. Should I send this to AMC now or do something else. Is AMC looking for this signed notice before they continue processing my claim? My claim went to the ratings board in March and it was sent back for further development. They wanted medical records from a deceased doctor and the records were destroyed. I told them that in a letter to BVA in 2003. I recently, faxed AMC the documents verifying that the records have been destoyed. I have a statement from my sister that I was seen by this doctor during the years in question. The plan was to sign and send in this notice with my sister s letter and check the box "I have no other information or evidence to give VA to substantiate my claim. Please decide my claim as soon as possible". Or should I write a separate letter with this same language in it. I have a feeling the AMC rater sent this back because this Notice was not in the file.
  3. Wow!! Congratulations.
  4. I found this information. Would this apply to my case? CLAIM STILL OPEN IF PROPER NOTICE OF DECISION NOT SENT TO VETERAN § A veteran’s claim was denied in 1969. The VA avers that a notice of decision was not sent to the veteran. In 1982, the veteran sought to reopen his claim. A September 1982 RO decision found the claim had been previously denied. The VA sent a letter only advising the veteran that his claim had previously been denied in 1969. The veteran did not appeal the decision. In 1998 the veteran, through counsel, indicated that he had never been notified of the 1969 denial and requested a formal decision on that claim. The VA’s 1998 response acknowledged failure to notify the veteran of the 1969 decision but found that the 1982 letter informing the veteran that his 1969 claim had been denied finalized the issue and that his appeal rights had expired. In 1998 the veteran appealed to the Board. The Board denied the veteran’s claim concluding that the back condition had been denied in 1969, that the September 1982 RO decision confirmed and continued the 1969 decision denying the claim and that the notice of the 1982 decision notified the veteran of his continued denial of service connection and included appellate rights information. On appeal, the Court found the 1982 notice inadequate because it did not provide a reason for the denial in 1969 as required at 38 C.F.R. § 3.103. Ruffin v. Principi, 16 Vet.App. 12, 15 (2002).
  5. I was in the Army Reserve called to active duty for 2 weeks, so afterwards I went home. That is why the military doctor told me to go see my own doctor. I also injured my back while on active duty in 1971 but the VA says that they can not find the smr s to verify those injuries. I do have other evidence to verify the injuries, which is with the AMC. It went to the ratings board in March but was sent back for more development. It s now collecting dust. I did send in the requested information they needed, so now I hurryupnwait. I do have a favorble C&P exam from 10/06.
  6. Yes, that is the correct chronological order. In 1992, I requested my medical records from the VA and in there was a medical exam with " Rating Decision " as the heading, which was the first time I had seen this exam. In there, it states "Diagnosis: Muscle strain in the grade 1 Spondylolisthesis L5-S1 level" which was stated to be constitutional or developmental abnormality and there was no aggravation beyond the natural progression adherent in this anomaly. I never did receive a determination letter from VA after this exam was done
  7. This is taken from a denial letter I received in April 1973 from the VARO. "Available records do not show that you received treatment for this condition during service nor was it recorded in the report of your examination at discharge. No further action may be taken on your claim unless you submit evidence to show that the condition was incurred in or aggravated by your military service and that it still exists" In July 1972, I was called to active duty for two weeks amd on the second to last day of duty I injured my back I went to the sick bay and the Doctor told me that since my duty ended the next day that I should continue treatment with my civilian doctor, which I did. Three days later I saw my civilian orthopedic surgeon, who sent a letter to the post commander describing my chief complaint, past history, physical findings and diagnosis with treatment. He also stated that I was unfit for military service. On my discharge exam it clearly states several back problems and then states unfit for retention.
  8. I think I ll have to reread the abbreviation meaning section of hadit to get a better understanding. I m sorry about the lost of your husband. Thanks for your help?
  9. This post would prolly clear up a few things need help please
  10. This is taken from a denial letter I received in April 1973 from the VARO. "Available records do not show that you received treatment for this condition during service nor was it recorded in the report of your examination at discharge." Three days after my back injury my civilian orthopedic surgeon sent a letter to the post commander describing my chief complaint, past history, physical findings and diagnosis with treatment. He also stated that I was unfit for military service. On my discharge exam it clearly states several back problems and then states unfit for retention. In November of 1973 the VA sent me for a physical exam. They never sent me any further correspondence about the claim or the results of the exam. In 1992, I requested my medical records from the VA and found the exam results from November 1973 along with my discharge exam. It appears that no one at VA may have looked at my discharge exam or any other records. There were no records available to them because they never requested them. Thanks again for your help Paul
  11. The way I read the Board statement is that they question that this was an abandoned claim. Am I missing something? What is in 3.652?
  12. In my remand letter from the BVA of June 24 2005, it states the folowing; "The board notes that the RO originally denied service connection for residuals of a back disability by way of a rating decision dated in April 1973. In July 1973, the RO continued the denial based on the veteran s failure to appear for a VA examination (I do not recall this). In August 1973, the veteran responded to that notice and reported that he was willing to appear for an examination, which was then conducted in October 1973. In November 1973, the RO denied service connection for a back disability that was congenital or developmental in origin, and determined that the episode of back pain while on active duty for training was not aggravated beyond the natural progression. The claims folder does not reflect that the veteran was notified of this determination." "As a result, there is a question as to whether the initial claim was abandoned, and the board will therefore, consider the claim on a de novo basis. See 38 CFR 3.158(a) (2004). Would this mean that my claim may have an effective date of 1973? What does de novo basis mean? I presently have a favorable VA C&P exam that states the following; "In regard to to the function and pain complaints today, we would have to make the statement that it is as likely as not that the military conditions worsened his current pathology as stated in this examination. The injuries that did occur in the service did aggravate this old, original condition." I understand that the AMC is thinking about rescheduling me for another exam. Is the AMC obligated to follow the Board s remand. Recently, the ratings board sent my claim back to the pre determination area because now the ratings person is asking for medical records from a civilian doctor that is deceased and the records were destroyed years ago. This doctor was not mentioned in the remand. Probably because I sent a letter to the Board in 2003 stating that I had contacted the doctor's heirs and they told me that the medical records were destroyed. I saw this doctor for my back from 1973 to 1986. The next best thing I guess I could do is get a letter from my sister and a friend stating that I was seen by this doctor during those years. The AMC should now have a copy of the letter from my doctor's executor of the estate that the doctor died in 1986 and that his medical records were destroyed about 12 years ago. This claim was reopened in Nov, 2001 and is quite large. Any ideas on what to do next?
  13. What needs to be in a well written buddy statement?
  14. LIMITATION OF MOTION DUE TO PAIN APPLY 38 C.F.R. § 4.40 § The Court has held that when the VA evaluates a disability which causes limitation of motion due to pain, the additional factors involved in a disability evaluation, as described by 38 C.F.R. § 4.40 (1995), are also required “to be considered and portrayed in the rating examination as to functional loss on use or due to flare-ups.” DeLuca v. Brown, 8 Vet.App. 202 (1995). Does this mean that one should be rated at the flare up level?
  15. On my copy of the C&P request from AMC is a name and phone number in Washington DC to contact if the C&P person should have questions. I ve been tempted to call this person, but I do not know what to say or if its way out of line.
  16. I called my Congressman's office today to inquire about my claim, it seems that the ratings board sent my file back to the examiner for more development. They want the medical records from my doctor who died in 1986 and the medical records were destroyed 12 years ago. My doctor's wife, estate executor, recently sent me a letter stating the above and I sent it to the Congressman's office and asked them to fax it to AMC. I saw this doctor from 1973 to 1986. I sent a letter in 2003 to the BVA stating that the doctor was deceased and the records were destroyed., but somehow it was overlooked by the rating specialist. When I went to the C&P exam the doctor showed me my C file. It was 2 inches thick. I am beginning to think that these rating specialists will try to find something wrong in the file so that he/she can send it back for development, and then when it returns, another AMC rating specialist will have to deal with the 2 inch file. Is this a feasible scenario? If so, how do I stop it? Would it slow down the process now if I requested a copy of my claims file. My service officer says yes it would slow things down. Another development that may be related to my back is that my left leg gives out several times a week and occasionally my right leg. I also feel wekness in my legs. I noticed in an MRI from 1/ 2004 that I have left neural foraminal stenosis, is this related to my legs? This was not mentioned in the C and P exam. Thanks again
  17. 1. The visits to doctors were not found in the smr, according the VA. I was medically discharged from the medical findings of a private orthopedist. He wrote a letter to my CO saying that I was unfit for military service. Five months later I was medically discharged. Need to check again in my personnel records, might be something there. 2. My CO did not testify, he just wrote a letter stating that he asked several people in my unit about my back injury and they confirmed that I did go to sick call for injuring my back. In 1973, I think the VA s opinion was if was not in your SMR's it did not happen. Many changes occurred recently, now they will accept other evidence i.e. CO letter, prescriptions by military doctors, private orthopedist 3 days after last injury, etc. 3. My vso told me that since I did not reply to the VA letter in 1973 that asked for more evidence, it was considered closed and my effective date would be Nov, 2001. I have the 1973 letter from the VA. I would like a legal eagle possibly review it to give me an opinion. Right now I m in "Hurryupnwait" mode. Been there for 5.5 yrs, not counting !972 and 1973. I m glad that you finally got service connected, that s a big hurdle. Does my Veterans Service Rep have my complete claims file that I could review? Or do they just keep the communcation and forms. I ll keep you posted.
  18. I'm I safe to assume that your first C&P exam was not in your favor and that is why you had a IMO done? As I understand it, the VA is sending you to another C&P exam to possibly refute your IMO. At what point does this exam/ refute cycle stop? My case may be entering this exam/refute cycle too. I have a favorable C&P exam, but now I hear that AMC may be sending me back for a second exam, possibly to refute the first one.
  19. Another question? When the Board remands a case to AMC, does AMC have to follow what is in the remand? In the remand, it did not mention needing medical records from this doctor, but now the AMC is requesting these records even tho they know the doctor is deceased and the medical records have been destroyed. Why would the AMC order another C&P exam? Could this be what others on this forum have called doctor shopping?
  20. AMC means Appeals Management Center, I think it was created recently to handle the numerous remands from the Board of Appeals, instead of being sent back to the Regional Office. Was intended to speed things up. The AMC is located in D.C. I had a favorable C&P exam by the VA, not an Independent Medical Opinion (IMO), but it appears that they want a second one. I had two doctors examine me, a Physician Assistant with 28 years experience working for the VA and the second was an MD Rehabilitation Physician. The PA received a degree from USC and the MD from UCLA. These men had good medical backgrounds to do a C&P. The exam took over 3.5 hrs.
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