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kellan15

Seaman
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About kellan15

Previous Fields

  • Service Connected Disability
    10%

kellan15's Achievements

  1. I have tried to get a copy of my C-file ever since I left the service in 1987. I have FOIA at least 8 times and still have not received a single page.
  2. I appealed my additional conditions related to my service connect 10%. After a year I got a call and was advised to report for a C&P exam. I just call the DVA and they said received the exams results a month later on 12/04/09. What's next and how long will it take to complete? The doc said that I would qualify for voc rehab now, so I assume he's going to upgrade me? Any advise? or just wait another year? Thanks for your time.
  3. Here’s an abbreviated edition. In 1988, I filed a claim for hearing loss. The VA sent me a letter stating that I had been out of the service for 13 months and it’s too late to file any claim. In 2001, I was having problems hearing, sleeping and concentrating at work. These conditions had been going on ever since I got out of the service. In 2001, I called the DVA and a person told me to file a claim. I filed a claim and mentioned the above problems. Within a two year period I received a letter from the DVA stating that I am 0% hearing service connected and 10% for Tinnitus. I didn’t even know what Tinnitus was, but none of the other conditions were addressed by the DVA. I called the DVA after I received my rating and asked if I could get some help for my other problems. I was advised that I had to wait one year before I could be seen again at the DVA. At this point, I was scheduled to see an ENT doctor by my personal doctor. I was seen and advised that Tinnitus would never get better, so I was referred to a special program. I was told that the program would cost several thousand dollars and before I could start I needed to pay upfront. Thinking that I should not shoulder all this cost since it was related to my service connected condition, I contacted the DVA; I was advised by the nurse I talked with that I should not have to pay anything for conditions related to my Tinnitus. The nurse scheduled me to see a doctor to address all of my concerns. That was about five years ago and numerous doctors’ visits, diagnoses for depression, hypertension and anxiety just to name a few. In 2008, I was retired from my position with the government. The letter from OPM stated the primary reason was my service connected Tinnitus, to included a knee injury as the secondary reason. In my position within the government I could not use hearing or masking devises. I had been wearing both for about three years. I compiled all the documents and diagnosis notes related to everything the DVA told me and labeled with. The letter was clear, precise and all the evidence was provided by DVA doctors. I sent in all the documentation in Sept. of 2008. Within a month a letter from the DVA asked me to provide my personal doctors prognosis notes. It took me almost a month to get the requested documents. Within a week of getting the documents requested I received a denial letter from the DVA. Basically the letter was in a three paragraph format. The first paragraph cited I was denied because nothing in my life or condition had changed. Yet in the same paragraph it defines a life changing condition as long periods in a hospital or extended periods of unemployment. I guess losing a 25 year career is not considered as an extended period of unemployment? The next paragraph stated that the DVA felt that the loss of my job was the primary reason for my depression, to include citing the wrong knee on the OPM letter provided to them. The final paragraph I feel was their only valid comment regarding the whole matter. It stated that not one letter for any doctor was submitted directly relating the claimed conditions to my Tinnitus. I should mention to you that I did provide them with prognosis notes stating that my conditions were directly related to my Tinnitus. But I did not provide them with an official letter declaring me a nut bag. After feeling that I could have written a better denial letter, I sent a NOD letter within a month of receiving my denial. In the NOD I politely pointed out their numerous mistakes and even got a letter from my DVA psychiatrist and primary care physician saying that all of the conditions mentioned above may be related to my service connected Tinnitus. My psychiatrist told me he could not directly say I was having all my problems because of my Tinnitus due to the DVA bureaucracy. He told me that he personally felt that my Tinnitus was reason for all my problems, but I had to go to a DVA specialist doctor for it to be official. This is where it sat until I received a letter yesterday asking how I wanted to proceed. This is why I contacted you. I think I did a really good job on the NOD. Should I go with the DRO or the traditional appeal process? What is the difference? Thanks and looking forward to your response.
  4. I just received a letter from the DVA asking me if I want a DRO to handle my case or go through the traditional appeal process. Which should I pick? And does anyone know a good attorney in Oregon? I think they might have actually read my appeal to their incorrect denial. Thank anything will help!
  5. Carlie, Unless I willing to check myself into the Nut Ward, eight is all you get. My doctor is a great guy and would not mislead me. He says the DVA call it a pit stop. That’s why he’s leaving the system, just as you get started you have to quit. I am not ready to go in the nut house yet. Or if you have PTSD, then you get more! Thank for all your advice, time to research the CFR's!
  6. I would like to thank all of you for the advice and concerns regarding my case. I am truly blessed with all of the support you have given me! I guess I was a little naïve in thinking that this would be easy or at least something I could do by myself. I do get about a third of what I use to make, but the money is not the issue. It’s a matter of principal now and that’s my driving force. Now if I was an illegal alien I would have people breaking their back to give me free legal services, (A little cynicism for the old job!). I’ll keep everyone informed and start therapy with a civilian psychologist, considering I have exhausted my 8 treatments with the DVA. Again, thank you and happy holidays!
  7. I just applied for reconsideration of my service connected conditions and claimed the Tinnitus was causing depression, anxiety and insomnia. All of which was diagnosed by DVA doctors. They had all of this paperwork and like I said no one read it. Should I wait for an answer on the new evidence I submitted or file an appeal right away? And to answer your question, DHS can do anything they want, at least for another month. INS doesn’t exist anymore, they kill it and left homeland security to customs. There is no special law enforcement medical retirement. As for a law suite, my wife is an attorney and deal with government on a daily basis. I don't have the patients or will to deal with another government agency. I know how the system works. They just wait you out!
  8. Carlie, I don't understand what a doctors statement would have to do with government polices regarding officer's requirements. The fact is I lost my job because I wear devices on my ears for my service connect conditions. It's cut and dry, why would a doctors statement carry any weight concerning polices? What measurement is needed to convince the DVA. I mean how much more evidence would one need? I supplied them with the official letter from an athority that evaluated and research my medical conditions. It's not like it was from some doctor that I paid. This fact alone would hold up in any court of law. I guess the DVA has a higher standard than the cases I used to present to the court? Should I call and appeal or would for a response from the new evidence. In the denial the DVA acknowleged that I lost my career due to my Tinnitis, but state that all of the secondary conditions are caused by my retirement. They claimed that they have no copibilty for the loss of my career.
  9. I was an INS agent and then was forced into Homeland Security. 25 years of government service, OPM's letters said my Tinnitis was the primary reason of my termination. I wear maskers and hearing aides, so it gives a bad public immage! I was denied in Sept.08 and just sent in the new evidence registered mail two weeks ago. I do have friends in the legislative branch, should I wait for an answer from the new evidence or what? Thanks for taking the time to read my rants.
  10. I have a few questions regarding the competence of the examiners. I sent in my claim with all the appropriate documentation obtained mostly through the DVA. In the evidence submitted was a letter of dismissal from the Office of Personnel Management. The letter stated that the primary reason I was being retired was my service connected condition. I received my denial and in the first paragraph it stated that there had been no changes in my quality of life. In order be upgrade for compensation I would need to been hospitalized numerous times or an interruption in my employment. Well I guess a loss of one’s career is not an interruption? This was the first paragraph, to include the second and third made less sense. I filed new additional evidence and spoon feed the best I could. My fear is that they won’t even read this new evidence. It was very apparent that they didn’t read the first claim submitted. I really don’t know much about the claim process, but I could have done a better denial than the one I received. Is it time for a congressional or attorney? How could anyone get any results from such an agency! Any ideas on how to make them actually read the evidence sent? Please let me know and thanks.
  11. I have a few questions regarding the competence of the examiners. I sent in my claim with all the appropriate documentation obtained mostly through the DVA. In the evidence submitted was a letter of dismissal from the Office of Personnel Management. The letter stated that the primary reason I was being retired was my service connected condition. I received my denial and in the first paragraph it stated that there had been no changes in my quality of life. In order be upgrade for compensation I would need to been hospitalized numerous times or an interruption in my employment. Well I guess a loss of one’s career is not an interruption? This was the first paragraph, to include the second and third made less sense. I filed new additional evidence and spoon feed the best I could. My fear is that they won’t even read this new evidence. It was very apparent that they didn’t read the first claim submitted. I really don’t know much about the claim process, but I could have done a better denial than the one I received. Is it time for a congressional or attorney? How could anyone get any result from such an agency! Any ideas on how to make them actually read the evidence sent? Please let me know and thanks.
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