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WomanMarine

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Everything posted by WomanMarine

  1. I have learned so much about the VA and am frankly, DISGUSTED!!! I believe these are the leaders of YOUR VETERAN ADMINISTRATION: https://www.opm.gov/policy-data-oversight/veterans-services/
  2. With what I now know of the VA ... I would not doubt it! I wonder how many SES workeres are @ the VA?
  3. I don't recall that I got travel pay and the records mention does not have the SIX MONTHS of therapy included. No, there were no computers, or that the VA used in 1976. I started building some of the first Internets in 1993. I guess I am in for the "long haul" and will 'hunker' ... I think I have done pretty well, in comparison to others, so I am grateful ... as I am now 90% P&T and 100% UI. I decided to file because of President Trump's promise. I filed on 1/20/17, Trump's Inauguration day. I started this journey, of course during Vietnam because I thought my country needed me ... And they were going to give me training as a Air Traffic Controller ... Well that went 'bust' after boot when they sent me to Glynco, GA for training and they did an eye exam ... Funny that they did not do that PRIOR to my joining so I could have chosen another MOS. :/ After I was 'medically discharged' I got my first job out of the Corps with Southern Pacific Railroad, where I had another issue with my knee and the VA put me in a full leg cast for six months ... How could those records be LOST?!? I was told, because I took the 'severance pay' that I did NOT QUALIFY for disability payments. Later I learned that I did, but the severance would be taken out of the disability. So I decided to apply for Voc Rehab and get the 'training' the USMC did not give me. I was denied, as they said I did not have enough 'time in service' ... I joined as a reservist and later went regular. They were only counting my 'regular' service days and not the prior training. But when I applied for VR, and was denied, they issued a SC Health Card and said I had a 0% rating. I reapplied in 1980, when I had another accident because of my SC, with the knowledge that they would deduct my 'severance pay' from my disability ... And reapplied. However this time they demanded the return of my SC Health Card and TOTALLY REMOVED MY 0%, when they should have INCREASED IT! I was in a financial nightmare and eventually became 'homeless' in San Francisco ... The VA really could have helped during those days! Because I was homeless I did not receive my denial letter, but the records do indicated that I 'tried' to re-establish within the year, when I landed in Reno. The issue in 1980 is the same one that I am having today. Even though it was only FOUR years after I had my SIX month ORTHO in Los Angeles, they could not locate the records to establish that the SC had occurred within the first year of my discharge. I believe this is a CUE. So the only thing I can think to do, at this point, is to FINALLY get my VR, as now they cannot deny? I guess I will see about that ... AND take this 'fight' to the BVA. I am also going to try to track down my IRS file that shows that I was TERMINATED from my job because of this accident. Southern Pacific Railroad is no longer and I figure the IRS is my best option of proving that I lost my job because of this SC injury, during that time period. The Corps may not have trained me as an Air Traffic Controller, but they did teach me to be a FIGHTER! Oohrah!
  4. Then maybe it is time I go to the BVA ... As the VA is claiming my medical records do NOT EXIST ... “We have been unable to obtain records from West Los Angeles VA Medical Center for the period of 1976. We have determined that these records do not exist. We will now make a decision based on the evidence of record. Records were received from VAMC West L.A., dated November 14, 1979 through August 1983. (Veteran reports treatment beginning 1976). All treatment records available for these dates were received June 26, 2017.”
  5. Okay, here is the 'verbage' ... “We have been unable to obtain records from West Los Angeles VA Medical Center for the period of 1976. We have determined that these records do not exist. We will now make a decision based on the evidence of record. Records were received from VAMC West L.A., dated November 14, 1979 through August 1983. (Veteran reports treatment beginning 1976). All treatment records available for these dates were received June 26, 2017.”“We have been unable to obtain records from West Los Angeles VA Medical Center for the period of 1976. We have determined that these records do not exist. We will now make a decision based on the evidence of record. Records were received from VAMC West L.A., dated November 14, 1979 through August 1983. (Veteran reports treatment beginning 1976). All treatment records available for these dates were received June 26, 2017.” How can these records NOT EXIST? I was in a full leg cast for almost six months! AND how can they make this determination without these records, as they did in 1980? These records PROVE that my SC also happened within one year of my discharge. The VA told me I could not apply for disability pay, as I had taken the DoD pay. They did, however, issue me a SC VA card ... which they later took away in 1980, along with my 0% ...
  6. ... how come we have to FIGHT it for years? And If this is true, how come when the VA loses records, the Veteran is at fault? Good read: Pro-Claimant_Paradox_Widener_Law_Rev_Article.pdf http://www.eagleveteranslaw.com/uploads/Pro-Claimant_Paradox_Widener_Law_Rev_Article.pdf
  7. I have 'scrounged' the net trying to come up with this anwser ... I am thinking the VA's @ least in the 70's created their own. Although I have not updated my card recently, I am told that they will state on them if one is 'service-connected' or not. I know I had a card issued to me in 1976 when I was determined 0%. The card had a purple triangle on it and said "service-connected". Who would have records of that?
  8. Thank you for the comment broncovet ... but ARE YOU SERIOUS? Lol, when I got out ... the VA was and still is, as far as I am concerned, a JOKE! First they tell me I cannot file for my disability, as that would be 'suing the .gov' ... and once they started lying, they NEVER STOPPED! And yes, I have my cfile, otherwise I would not know of all the shenanigans they pulled on me! I was 19 years old ... I had no idea that the VA would 'cheat' service-members ... Yes, I should have kept my records better and I should NEVER have surrendered that card! I guess I can search down old records of my firing ... but the RR I worked for is no longer in business, and I am thinking the Union is still around, but would they maintain their records from 1976? What happened to the 'veteran is always right' motto ... or just another VA lie?
  9. Here is an UPDATE ... but I have included 'case history' so maybe it makes more sense ... I was discharged in 1975 with a medical and DoD gave me a 10% rating for my ‘slipping patella’ aka ‘subluxation’ in my R knee.. Three months after I was discharged, in 1976, I was at work and had an accident because of my ‘service-connected’ knee. I had just got the ‘good job’ @ Southern Pacific Railroad that I lost, due to the fact the West Los Angeles VA wanted to put me in a cast for six months. They did and the job was gone. Later, after the cast was removed, I applied for Voc Rehab, but was denied, as they said I did not have enough ‘time in service’ … the DoD had split up my ‘time in service’ over two DD 214’s, as I originally entered as a Reservist. But once a DD 215 was completed, they gave me ‘severance’ pay and told me that because I accepted the ‘severance pay’ I could not apply for ‘disability pay.” I was also told @ that time that I was 0% ‘service-connected’ and was issued a “purple VA health card” that stated I was ‘service-connected’ … I was also told that I could not ‘sue the VA, as they were the .gov and one cannot sue the .gov’ … So I took the severance pay and moved on. In 1980 my problem with my knee continued, it slipped (sublexed) and tore ligaments. This time I was seen at the San Francisco VA and was homeless at this time. Not only did they deny me, but they demanded the return ‘service-connected’ VA health benefit card the West L.A. VA had issued in 1976! They stated, even though I was there because of my knee, that I had no ‘prior issues’ with my knee since discharge and now it was just taking its ‘natural course’ … I had told them where my health care records were, in West Los Angeles, they stated they did not exist! Being ‘homeless’ @ the time, I had a very rough time after that decision. In fact I never received the decision and ended up in Reno, NV where I ‘unsuccessfully’ tried to have it moved there within the year time frame of the SF decision. I only know this information now, as I received my C-File and found the documents asking to have my case transferred, as I had another ‘episode’ with my knee when it gave out and I fell flat on my face knocking out several teeth. I have just recently successfully re-opened my case and have now been awarded 90% P&T and am being paid 100% UI. On my reopened case the VA never granted me anything for my ‘original’ issue … However they did grant me 10% Arthritis. In my RAMP I appealed for a greater rate than 0% for the ‘subluxation’ and an Early Effective Date. I received 30% for the ‘subluxation’ and they took away the 10% for Arthritis. However they denied my Early Effective Date stating: “We have been unable to obtain records from West Los Angeles VA Medical Center for the period of 1976. We have determined that these records do not exist. We will now make a decision based on the evidence of record. Records were received from VAMC West L.A., dated November 14, 1979 through August 1983. (Veteran reports treatment beginning 1976). All treatment records available for these dates were received June 26, 2017." My question is this … How can they deny me an EED when they admit they do not even have the records?!?
  10. I have not received my 'brown envelope' although my bank acct. recently got a few thousand deposited into it. So I expect soon ... Sooner the better, as I know I have to ... again, appeal.
  11. Haven't got the 'brown envelope' but my percentage increased on eBenies ... from 80% to 90%. So they most likely gave it to me as my knee was rated 0% and this is the 'actual' service-connected injury. In 1980 they totally removed my 0% service-connected and said I had no issues, when in fact I was in a full leg cast for 6 months almost right after I was discharged. This is the real issue that I want them to address and change my effective date. For the crap that the VA put me through, I believe I deserve it. And I can pretty much prove, through my Cfile records, that they did remove my 0%. I will appeal this, after I receive my explanation so I can blow it apart ...
  12. It looks as though the RAMP is moving. My claim when to Notification yesterday. With a estimated completion of: July 27 - Aug 2 Fingers crossed that I don't have to appeal ....
  13. I checked ebenefits, as broncovert suggested and I find they have now pushed back the date for the window to open today ... However, I was told by the WH VA hotline, that the decision was 'favorable' and decided on 7/5 ... hmm.
  14. Hmm. Server seems to be down but I did get this ... So I believe they have 'closed' the file'.
  15. Well I am not sure they actually did much ... From what I can get from my VSO is that they approved my 30% on my R knee, which was the reason I was discharged. I had issue with it right out of service and lost my first job. VA put me in full leg cast for six months. I then applied for Voc Rehab, VA denied, but gave me 0% and gave me a 'service-connected' health benefit card. Four years later, knee goes out again tearing ligaments ... I applied for disability. Denied and my 0% removed. They stated 'normal progression' ... That is CUE and why I believe I should have an earlier effective date and will have to appeal ... Does it ever end ...?
  16. So now that I have a RAMP decision, that gave me one of the two requested appeals. How do I appeal the second issue - early effective date that was not granted with my RAMP appeal?
  17. I opted into RAMP the first of May, however my VSO did not sign the paperwork and it was not submitted till 5/17. I had two issues with my claim. First they did not rate my knee, which was my original injury that has now caused issues with my back and left knee. Secondly, in 1980 the VA removed my 0% rating that the VA had given me in 1976 and totally removed my 'service-connected' injury. This is a CUE as they should have upgraded my disability, rather than totally remove it. Yesterday I learned that the VA has approved the rating on my knee. This would take my 80% P&T to 100% P&T. I do see that there are benefits that come with 100% P&T, but the record should be corrected to reflect the 'early effective date'. I do understand that the VA, generally, will only rate on issue @ a time ... So my question is ... since I had a 'high level review' ... How do I challenge RAMP? I apologize that I do not have the 'letter' to determine their exact 'verbiage' ... but whatever it is, it will be wrong in this case.
  18. Could not wait ... called my DAV VSO this afternoon ... Well, I should know by now to never get 'too excited' about the VA ... My RAMP was for 're-evaluation' of my R knee, as that is what I was originally discharged for w/10% DoD. VA gave me 0% in 1976, but then TOTALLY removed 0% in 1980, stating I did not have a 'service-connected' injury ... This I believe is CUE ... So VA, because I had 'two' claims for RAMP ... knee and effective date, apparently granted my R knee ... after FOUR DECADES! But failed to change my effective date. I am guessing the VA loves me, as they don't want to let me go ... :/ Hmm, so now how to challenge a RAMP decision?!?
  19. I called the WH VA Hotline this am, returning the call. They could not tell me anything, but texted the person that could. Within ten minutes I had a call back. The decision to for an early effective date and increased rating on my knee was ... all she could say was "Favorable" ... and for me to wait on the 'envelope' ...
  20. I got two voice messages yesterday responding to my complaint. I am thinking this has to do with the fact that my claim has now moved to 'Pending Decision Approval' ... This is tough waiting ... Going back to fishing!
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