Miken2c74

Hey @GBArmy Happy New Year, They are both right everyone got this email

Happy New Hadit Family, Hope everyone enjoyed the holidays and your loved ones I know I did. Now it is time to get back on the bike. So today I wrote an email to DAV in Pittsburgh and explained a situation that VA has gotten their self in by not following a specific request that was submitted in a timely manner which also was time stamped. I will cut and paste the body of the email below for your enjoyment. Tell me what you think. Greetings, First of all Happy New Year to all DAV personal and family. This email is for the some information on the chain of events that have thrown my claims in a disarray or out of chronological order according to received and processing dates as pertain to Veterans Affairs. On October 18, 2019, I submitted a statement challenging the C&P examination dated August 28th 2019, because of it being inaccurate and administered incorrectly. Shortly thereafter I submitted a Form 20-0996 (Higher level review submitted Oct 18,2019), hoping the new evidence would be asked for as referenced in my correspondence (dated October 18, 2019) or the possibility for me to offer this information if the lay evidence was read. However, in the subsequent weeks that followed I was advised against this approach and was urged to submit the VA 20-0995 along with my additional evidence because there would not be a guarantee that the lay statement I submitted would be read. This information about me submitting the VA 20-0995, was also cited in my file. I submitted the VA 20-0995 along with associated evidence on October 27, 2019, and was received on the same day. In the weeks following I was checking the status of my claims on VA.gov and noticed that I had two appeals open for the same disabilities. I called the 1-800 number and was advised to submit a written statement, signed, and dated to withdraw from the Higher Level Review and allow the Supplemental claim run its course. I submitted this statement on November 8, 2019. Five days later I noticed that the Supplemental claim was closed and the Higher Level Review was still open, which is the direct opposite of what I had requested happen. I have called 1-800 number on numerous occasions to get this problem solved. As of 23 December 2019, the Higher Level review has been closed but the Supplemental is not open. Could you please look into this problem and have it fixed. Also, I have submitted another Supplemental claim for Fibromyalgia could you please bring this to VA's attention also as it has not been opened either. Thanks so Much Wish me luck

I think I have figured out how to better formulate my evidence in letters. I use 38 CFR a lot for reference and use that information (per regulation ) to articulate the point I would like to make. If 38 CFR is suppose to be the guideline for VA to follow and they don't, this leaves a basis for CUE. The points you make in your letter should always make mention of a paragraph in 38 CFR.

38 C.F.R. § 4.46 "The use of a goniometer in the measurement of limitation of motion is indispensable in examinations. Explains it all

Greeting Hadit Family, Ok, here we go my HLR is open. I actually open two supplemntal claims and a new claim for migraines. I submitted the supplemental claims after I had submitted the HLR form for the same issue with relevant evidence. I honestly don't know how this is going to play out. The paperwork is on file ie my challenge letter, and evidence that was stated in my letter. I hope they do this right, it should be reasonably easy to grant these disabilities. I think they are looking at the retro though. Wish me luck

Greetings Hadit Family, I had a very interesting week (last week). During the week I was gathering evidence for my Supplemental Claim. I had been email an DAV SVSR, and a VA Rep with explanations on why I wanted to do a Supplemental claim and their suggestions. I first wrote them a email explaining the situation and asked them to read the most recent decision letter. In which they both came back with the same question, " was this a examination performed at a VA medical Center ?" I answered no, and this was one of the reasons for writing a letter challenging the examination (Aug 2018). I emailed the letter, which explained why I had the IMO done (Dr. Stargardt), why the examination was inadequate (Aug 2018) using 38 CFR, also responding to statements made by the rater that incorrect, and why more probative value should have been given to Dr. Stargardt's exam over the contracted exam (Aug 2018). I received a reply on the letter, the reception about the letter was very positive. I was advised instead of doing an HLR to instead opt for a Supplemental because of the formal review of the exam performed by Dr. Stargardt and the post service records that is a matter of fact the VA does not have and the abundance of information contained within the letter that leaves way for me to submit this information. It was also said that the letter was so well written that in a perfect scenario if I had done a HLR, the HLR could have asked for this information or I could have offered it. They thought it would be better for me to give them what they need to make the decision. I was tempted to see if they were actually reading the information but decided against it. Last Friday I had a sit down with a actual VA Rep face to face, which was a god sent. I gave her a backstory. She looked in the system, read the decision, and then she read the letter. She asked if I wrote the letter, I answered "Yes Mam, she said "this letter is very well written. I said to her "Thank you". She said to me add a 21-4138 with an additional statement, which I have done. Along with the medical evidence and wait and see what happens. So this weekend I submitted to VA, the 20-0995 Supplemental Claim, reviewed examination Dr. Stargardt, 21-4138 (my boss), lay statement from my wife, 21-4138 with additional information, post medical service records. I would like to give everyone a little information. If you have a C&P exam through a Contracted company and your examiner is contracted through this contract company. They do not have access to your c-file, I repeat they do not have access to your c-file. Per VA rep.

@Hyrb I am tracking with that. I am challenging the VA exam anyway. This is the reason I went out and had the IMO done because of my Aug 2018 exam. That doctor did not have access to my c-file nor did he perform the examination IAW regulations. So, I think this was my best course of action to try and win this thing. If you read the letter which has since been changed, I have added more details about the decisions resulting from this exam. As of recent I have sent in the 20-0996 HLR and submitted my letter challenging the exam. There are some statements in the letter that will allow VA to ask or me to offer information which is my plan. I have some evidence that I know they need (only because I sited it in the letter), which I have in my possession or they could say because I challenged exam and made a valuable argument to the facts of this exam they don't need this info (but I want them to have all they need to make the right decision).

I tried in Ebenefits and VA.gov no bueno. It ask me the questions I push the button to open the claim "error"

Has anyone tried to file a new claim in VA.gov ? I have tried a couple of times and I get a error message.

We don't know what ratings you have currently, this would help us give you the valuable piece of information we can.

If you have the diagnosis for your Fibromyalgia bring that with you also. I claimed for Fibromyalgia, but I do not have this in writing but I have a diagnosis per VA (2016). If you have a diagnosis you have what's called a GULF WAR Presumptive disability or medically unexplained chronic multisymptom illness (MUCMI). Google it. There is a lot of information on this subject.

Greetings Hadit Family, So I have decided to do a HLR. I am suppose to see a VA rep next Friday and hopefully I can submit the paperwork directly instead of mailing or faxing and waiting for the intake center to process it. Wish me luck

So Ladies and Gentlemen, I think I am finally done. I written my letter challenging the VA Exam. I have covered all bases with this letter. I would like everyone to read and tell me what you think. Maybe I did something wrong. If you have a question, I ask that you attempt to find your answer in the letter. If you can't after that ask the question. Thanks Guys so much Number 2.pdf

So, I am still here. I am getting back to the fight. Dr.Stargardt reviewed her findings in total and am challenging the VA/VES C&P exam cause it was bulls$%t. Wish me luck HAdit Family

You won't get update in either place trust me when I say this. It's better when you call Peggy.