SlutherVandrose

Back in May of 2020 I logged in to VA.gov and initiated a claim for disability compensation and medical benefits for multiple conditions. However, i never completed the application and had never provided any kind of signature. I saved the incomplete application establishing an intent to file a claim under 38 CFR 3.155(1)(b)(i). I also submitted multiple FOIA’s requesting access to my C-file and have had no success in obtaining that. In August 2023, i received a correspondence letter from the VARO stating that a defect on the VA.gov platform had affected my previous application submission(which is a lie because I never signed or attempted to submit it). They also stated that they intended to rectify the error by expediting their evaluation of my claimed conditions. In September I received decisions that were favorable for some conditions and unfavorable for others. However, i am still waiting to receive access to my C-file, resulting in my inability to have ever signed or completed my application for benefits. I know the VA shouldn’t have processed my claim without ever acquiring my signature, and the VA hasn’t provided any evidence of an alleged defect ever occurring. This is so FUBAR that I don’t know where to begin. Any advice would be greatly appreciated unless your advice is to contact an attorney without providing the name and number of one to contact.

Since this was a Gulf War Registry Examination it means that your ED cannot be considered an MUCMI since it has a known etiology(HTN). This does however mean that you can submit for compensation for your HTN. Unless you’re already service connected for HTN. In that case I would submit ED as a residual symptom of HTN and request SMC (k) for loss of use of creative organ, and submit that VA doctors statement with your claim. Also, VA examiners are clever and tend to include illnesses that you are already service connected for so that there can be no additional compensation awarded while simultaneously eliminating your chances to appeal the cause or what illness your service record symptoms are associated with. So while appearing favorable, is actually nothing new that supports you and kills your chance to say they were wrong. Go with SMC (k)