cannoncocker

PAPA. I cannot really address your situation beause I don't know why your exams have been scheduled. I can say I was wrong about the VA not being helpful in this situation, although I can say I felt thier urge to deny or put a stamp on it type response, but in fact he was very helpful, filed one 21-4138 closing out claims that I am guessing my rep had opened without my knowledge or without explaining what he was going to do was set a fuse for no practical reason. I believe he confused advisary and advocate. Closing those claims closed the QTC's. The end, happy ending. That took about 10 minutes to fix and to cancell an examination that which had just been examined at a year and some the had been granted 20 years ago (pes planus and hearing loss.......). but he did make us go all the way to W-S to do this. You can't just do this over the phone, or at least I could not. I hope yours goes away too.

I've got it under control. I even believe they the VA has the right to exam, even rexam, at will, but what claims get decided should be up to me. What NOD's are there and what claims are submitted. That should be 100% my decision but claims are popping up in my files that start the chain of events that culminate in QTC's running wild. Now, do you think for a second they will let me change one claim in my file. Let me ask and answer. Nope.

well, let it be of some comfort that you are not alone. I am in a hotel room in w-s NC with no representation, as in Steve lindsey of the dav who refuses to discuss the case at all, so I will be standing at the w-SVARO in the morning and see if I can't fix all these claims that have appeared on my claim therefore culminating in these multi QTC's which they know there is basically I can do about it. Aside from what Iam doing is trying to find a living breathing person with a computer in front of them that can get this straight. Problem with all that is the VA and the DAV have their own agenda. Suprising no more interest in this issue but really more is there to be said besides: nothing! We all know they have no accountability. Anyway, I will post back and let you know if they will allow you to be the judge of what is filed in your claim or is that above our paygrade?I will post back and see if they will allow me to clean this file up or just live with whatever they decide should be NOD'ed or claimed. Sorry to hear your problems but it will all work out. You have to believe that. I meant to mention that the politicians, in my case Senator Burr, could not care less. He has his so no problem there right!

I put a claim in during August since I have no drug use record, tattoos, piercing stuff of any kind. went through the treatment of choice during 1997 which was interferon during one year. They had no Ribaviran at that time and the success rate was 15% so I lucked out, if you can call getting injected with hep-c lucky, but have been at non detectable loads since the treatment in 1997/98. I will update as things develope. Right now I am just trying to keep my head above water due to retaliation. Put in more claims than they feel like dealing with then it's on. New QTC's for ones that are just just over one year etc. oh yes my injections were in Germany during 1978/79.

The VA has scheduled 2 QTC's that pretty much cover all my SC Disabilitiesthat the were done by the exact same examiners in just over a year ago. I will go to the W-S VARO Monday to try to figure this out. Any suggestions? Can they reopen a claim that soon? Can I close those claims?

Hi Mr. John: I am 200% with you in reference to the lawyer part but finding one that will take your case unless you have unpteen million years of back pay built up or possiblly if you and the lawyer live in the VARO area there is little chance of finding one to take a case. Now understanding that is my experience and it is not like I have no skills in findjng professional assistance, RE: IMO for 342dollars in comparisson to thousands but like I said I would have to go to W-S and fing a lawyer and that is still assuming I could find at all since I don't have one of those multi year back pay scenarios. But I am thinking about getting a hotel room and find a lawyer in the area since too face to face is always the most successful in my experience. Plus there is a Law School in Durham as I recall. Again this morning I am suppose to wait by the phone for lindsey of DAV fame to call and lay his unlimted wisdom on me,which I have a better chance with the lottery. Draggin:you did agood help with that link: Reference:http://www.warms.vba.va.gov/admin21/m21_1/...5/ch05_secb.doc 4. Time Limits for Filing an NOD, Continued If the postmark date is • prior to the expiration of the NOD period consider the NOD timely filed, and retain the postmarked envelope(documentation retained with return receipt and certified mail scanned and attached prior to the 17th and cc to (DAV not necessarily retained.) and posted on the IRIS the day I Certified mailed with Return Receipt the NOD. I have both original receipts. Sounds good to me. That is very good info and diretly applicable to my situation. Thank you very much. John if you have any easier way about finding a lawyer please post it.

I guess that makes it pretty much unanimous for Submitting a NOD in the AM with a CC to the DAV for whaatever point there is in that. They are suppose to all me in the am after supposing to call me all day today but it seems like fun. I will look up the exact IRIS, well the first IRIS I submitted the registered mail number and attach it to the NOD with the copy of registered mail w/return receipt copy along with a copy of a request for a copy to the DAV CC but highly unlikely they have it much less heaven forbid file the NOD. John I will break it down like you did and I have enough time to wait them out. I will post the nod tonight on IRIS.

Draggin' thank you for the timely information, I have cut and pasted your post along with some others and will study them then apply them as appropriate. Along with the rest of the info I am going to nod this since I don't think it is wrong, I know it is wrong. I could probably get done what I needed to get done but they made it personal with the SOC lies etc. Never a good idea to make a thing personal. Drag "squeaky wheel" that is my middle name. I live to get in front of a DRO and debate this with them! Carlie you are, or I am living proof not to wait till the last minute but like I said it was way on down my list and wasn't really planning on following through till they lied and now rolled out this BS. Too much! I have time and will do whatever it takes now. But you are right to warn others not to wait. Sharon you hit zee sore spot with me. Since I have the DAV fax number and post all transactions on IRIS as they occur, but I fax to my DAV in most instances. In some very important matters like Monday I was consolidating and resubmitting 2 Nods ans 2 initial claims since they had them all messed up, I registered Mail to the: 1. Disabled American Veterans National Service Office VA Regional Office 251 North Mam Street Room 115 ATTN: Mr. Steve Lindsey Winston-Salem, NC 27102 2. Veterans Administration Regional Office Federal Building, 251 N. Main Street Winston-Salem, NC 27155 3. Charles George VAMC c/o Chief, Prosthetics Service (121) ATTN: Mr. Wheeler (Clothing Allowance) NOD 1100 Tunnel Road Asheville, North Carolina 28805 The sore spot is the fact they have a trash can next tothe fax machine and Lindsey takes my faxes straight from the fax right to the trash. Fact, he has never taken a action on a claim of mine save the time he had no choice because my brother were physically there for a DRO meeting, which he did all he could to push me directly out the back door. My brother was there because you would not want me driving while on pain medication so Idon't drive under those circumstances. I would not do that to others. I was a safety specialist and am aware of how dangerous that is. So DAV CC is moot. I doubt they even bother to file what I send them. As a matter of fact I thnk I did mail that NOD to the DAV for the good it did or would do. I tried to call my rep twice today: 1 gone all morning, call back in the pm 2. Called back, had a meeting, gone all afternoon. 3. Will call back in AM. it went like that for 4 months the last time Iwanted to speak with lindsey at the W-S DAV, totally pointless. Better to just ask here. Don't get it wrong, of course I would find it advantageous to have someone somewhat on my side in the VARO but just usn't meant to be. I would be so grateful but not gonna happen. In my experience once a service takes a claim nobody would touch it once it is open. JMexperience.

Thank you Still or Mr Hill It is always enouraging when someone will take the time and give some thought to your personal problems. Very considerate and equally appreciated. I hadn't planned on putting it off till the last minute, but who does? I hadn't even planned on following this through, not that I didn't think I was right or had a case but I really thought others were more serserving so Ireally hadn't thought the claim through and the more involved Igot the more facts came to light, then the VA starts with this piling on with the straight lies and disregarding facts etc and so on. In other words it became personal. I am nowready to do whatever it takes, like my back claim. Wasn't easy and was told it would take thousands but in reality it took a freat feal of taliking, researh, ans 324 bucks. If I had just walked away and let them do what they do best which is slap me down I would still be sucking air. It would seem that actual law would seem to apply here: 1. What exactly constitutes a year to the VA? The Denial according to the VA was 17 August 2009 2. My response was Registered W/return Receipt copied and posted afterwards on the IRIS. 3. As far as "I sent something", they seem to be conceding that it was the NOD related to Anxiety. But now you mention it, how exactly do you prove what you are sending. Aside from posting on IRIS and CC to the DAVwhat do you do to prove you are not sending blank paper? 4.So it boils down to the law. Does the 16th of August 2010 form 17 August 2009 Constitute a VA year? If that is the case I do not know what else a reasonable person could do to prove they responded in a year. It does not seem to be a matter of close or a mile away but rather did I or did I not respond in one legal VA year. Close would not be relevant.. They have given me the right to NOD one item of my claim which by and large is what I need for my claim which is a chance to rebut their(VA) Contract Examination) SOC . That would be sufficient to open up another line of questioning/claim, how wrong there examination was, their intent, so forth, but the other actual parts of the claim that are more felicitous than just secondary results of SC Granted Claims. But Ido not know the full law but I believe oce the claim is open other matters of your service can be considered. The reason for these questions are I need the answers to determine my next move, ie, nod their denial or go with the opening they left open on the April 2010 Back Grant and use it for the rest ofmy claim. TheW-S DAV representative Lindsey is doing the duck and cover leaving hadit.com asmy onliest source of information and claim assistence. I don't need a bunch of help but mainly the part that constitutes a VA year?

Would you expect anything different from me? The forum would not seem to allow me to post a reply unlus I added a new topic, which of course split the topics. See NOD Time below but this is much more comprehensive partially due to using ABBYY FineReader 10. I received the letter bellow that denied the full nod but did allow for a partial nod since they did not grant part of the back claim until April 2010. Initially the claim in question dealing with anxiety was denied on the 20th but they are claiming the 17th of August 2009. Fine! I submitted the NOD on the 16th of August 2010 by Registered mail with Return Receipt stating the 18th of August. They claim they did not receieve the NOD intil 2 Sep 2010. So they for reasons yet to be understood will allow only the Nod for April 2010. I submitted copies of the mailing numbers at the time in the IRIS Sytem as a back up. See bellow the denial letter: We are writing in response to the VA Form 21*4138 "'Statement in Support of Claim" you submitted to our office that was received on September 2,2010, This letter will explain what we decided, what you should do if you disagree with our decision* and who to call if you ha ve questions. What We Decided We have determined that we cannot accept your letter as a Notice of Disagreement with our decision on your anxiety disorder. The time limit to file a Notice of Disagreement has passed. In order to file an appeal, you mast submit your Notice of Disagreement no later than one year following notification of the adverse decision you are appealing. In your case, we notified you on August 20, 2009, regarding our Rating Decision dated """ August 17,2009. Therefore, you had one year from August 17,2009 to submit your Notice of Disagreement, Your Notice of Disagreement was not received until September 2f 2010, more than one year from the date you were notified of the Rating Decision. In regards to your Notice of Disagreement with the effective date of 10% for radicular pain left leg. your Notice of Disagreement was received before we sent out our notification letter of September 15, 2010, We cannot accept a Notice of Disagreement received earlier than our notification letter date. Please resubmit your Notice of Disagreement and specifically state which rating decision and which issue you are appealing. A review of your claims folder shows that you have had several rating decisions in the past year. For your convenience we have enclosed a copy of all those rating decisions. SOC: 2. Service connection for anxiety disorder and panic disorder as secondary to the service-connected disabilities of sinus tachycardia, pes planus and plantar fasciitis with status post bunionectomy of both feet, hypertension, tinnitus, and bilateral hearing loss. Service connection may be granted for a disability which began in military service or was caused by some event or experience in service. We have received a claim for depression to include panic attacks as secondary to your service connected disabilities (sinus tachycardia, pes planus and plantar fasciitis with status post bunionectomy of both feet, hypertension, tinnitus, and bilateral hearing loss). You also note that your anxiety began in service after an incident in which you state put the lives of seven other men in jeopardy. You note that you were responsible for this near death incident and you subsequently cut your left wrist that evening. You report that you did not seek medical treatment for your left wrist cut, but you still have a deep scar on your left wrist. Your service treatment records do not show any treatment, complaint, or diagnosis of depression, panic attacks, or any symptom of a mental disability. There is no evidence of a left wrist scar or injury. Your post service medical evidence shows you were treated for anxiety in August of 2003 at the VAMC in Columbia. You were prescribed Paxil. In December of 2003, you were seen again for anxiety and you decided to stop medication (deciding that a change in jobs may help instead). From September of 2004 to October of 2005, bi annual visits show improvement in your anxiety with no desire for medication. In January of 2008, you reported anxiety and panic attacks for the last two months at the VAMC in Asheville. You underwent a full mental health consultation in March of 2009 and were diagnosed with panic disorder without agoraphobia, depressive disorder not otherwise specified, and generalized anxiety disorder. VA Contract Examination dated August 4, 2009 shows a diagnosis of generalized anxiety disorder and panic disorder without agoraphobia. The examiner reviewed your claims folder and opined that it is not as least as likely as not, that your anxiety/panic attacks are due to your service connected disabilities. The examiner's rationale for the opinion is your denial that your health problems are a significant factor in your anxiety and panic. The evidence does not show that anxiety disorder and panic disorder is related to the service-connected conditions of sinus tachycardia, pes planus and plantar fasciitis with status post bunionectomy of both feet, hypertension, tinnitus, and bilateral hearing loss, nor is there any evidence of this disability during military service. I initially was not going to follow through with this claim but once the VA Therapist and I got a load of the SOC from the VA Contract Examiners did not even have my physial markers correct along with their other notes the VA Therapists recommended I follow through which I am now doing. So is it true that I prove I submitted the NOD on the 16th and by the VAS's own admission allowed until the 17th of August 2010? What action do you suggest I follow from here?

Honestly I do listen and follow the advice here but at the time I had my hands full fighting the multiple back problemwhich I finally beat them down and got it granted. Wrong diagnosis really and low ball rating but full grant so a win none the less. This is an aside, have you ever seem to hit a wall where everything you send at them, and without time to even read the evenvelope they come back with a denial, to everything regardless. It seems like a synyndrome of some sort. It has been that way since I won through DRO on the back. They really did not want to approve that. Curious if anyone else has come across that scenarrio? If this sounds good, so I will print of the IRIS dialogue, reprint my nod on th 21-4138 and print a nod on a 21-4138 regarding the denial for time since I made sure it was mailed via verifiable mail and reorded on IRIS. I will copy the receipts return receipts. I neglected that, which of course I shouldn't have but like I said I was full on with my back. Now I have the time I'll give this a run. At the time it was a long shot but now that I have gone throught teatment and the VA Contract Examination, which I would use to open the claim up if they continue the time denial, was as bad as they get, The VA doctors laughed and wanted to know if they had the right patient. Physical markers on my body were incorrect among other things. Reality is they had the answer and were there to ret4rn with that answer. But it is sufficient to open it back up. since the recorded all those mistakes in the SOC. I would say multi task but Idid not have the , haha, SOC.at the time. Thank you guys for this information.

I received a denial on 19 August 2009 and submitted a NOD on 14 August 2010 which I sent Registered and Return Receipt plus I put it on IRIS, the number the informtion etc, but they have declined it beause the W-S VARO denied it since the NOD was not received until September 2nd.Do I have to re submit since the original VA contract examination was really bad. Still the question is that right about denying the nod ?

Forget it . Found the form.

I can't seem to search and find or find my old Neurology generic form that allows the clinician to along with their own notes/findings cann check of the appropriate box that they find applies to: At least as likely as not Service connected not at least as likely as not so on Have received and reviewed Service Medical Records. Does anyone have a link to that form for a psychiatric IMO. The SOC would be funny but they used it to push me to the back of the line so I figured an IMO has moved things along before. There is a visible scar on my body in a visible place which would have one purpose which they denied existed, then I showed that to the VA Clinicians and they just couldn't believe what they were reading. I know they wanted to laugh but couldn't really go with the gut reaction. The Contract VA Psychiatric Exam did reach the conclusion they were wanting. So a NOD or DRO with an IMO seems like my best next move, but I need a generic form to make it easier and be sure all the bases are covered. Thanks for any links.

A failing of mine is typing skills, not uilizing my spell check, and editing. So I Appologize for my lack of clarity of thought and terrible grammar. I hope I can lend clarity to my previous observations. Hence I rarly opine on these matters since I am no more qualified to suggest an actionable matter than the average VSO of any demomination. Specifically, in my opinion, they are iackng in apptitude and KSA's. I additionally meant to point out that those who offten do the actual leg work and those that assemble the claims are not the vets but the family members. I specifically was helped by a fellow vet and was not remotrely grateful enough. For that I appologize and that is not acceprable. I hope that is clearer! I, or we should show more grartitude for the help that is freely given. So for back on my own again,well on my own as far as usual, which was correctly pointed out by Pete, If recall , We have no go between, without a VSO sitting in the same office to directlly intercede on your behalfich is sadsly laughable in my experience. Example: DAV, Rep"you deserve and should file a claim for Clothing Allowance" I have a permanent back Brace and that had never occurred to me to he told me to apply in so in May to give the VA ample time to process the cliam. Any assistance from the VSO? . Process/Ample/Time/VA . You might think a VSO would have some experience in these matters regarding time alowance hut one would be incorrect in that assumption: So Finally an IRIS Inquiry, Department of Veteran Affairs. The length of time it takes to receive a decision depends on several factors, such as the complexity of your disability(ies), the number of disabilities you claim, and the availability of evidence needed to decide your claim. Currently most claims are being processed within six to nine months, but can take longer in complex claims. We are showing that your claim is currently at the development team, they will be gathering information for your claim. They will review all the information on your earlier effective date. A report of contact has been sent to the development, voicing your concern about the timeliness of your claim. Is that correct that 6 to 9 months for development for clothing allowance? 2010, with a claim date of April 22, 2008. There are multiple prior diagnosis via VA consult and MRI, Physical Therapy, and Private IMO..... "The VSO sad to me that was wrong and he would send the VA a memo, That was April 2010. No word with the exception of trhe followillng if that is the purpose of having one (VSO) to sign a waiver or sign documents and conduct prucuedures in your stead. Having said ths they. meaning my W-S DAV Rep told me that only way to obtain a favorable decision was to hire a lawter. That give you a feelmg of confindence! Having just told you the brief synopsis of past of mu claim, which is the Topic: VSO's, and my conclusion having lust written this is what is the point? Yes, it somehow gives you a feeling that there if somebody at the VARO but that is a false sense. I filled out:VA FORM MAY 2003 21-8678 on the date indicated and on the date I was told to. I was given no assistance in filling out the form, not that it is no sel explantory, but with any VA Form there are proper marks to hit, proper areas to cover, etc....... I was left to my own devices which has been the situation from word one, basically if you don't like the setup,hire a lawyer, which no lawyer is ging to mess with it unless you have accrred years of backpay and Social Security Disability. Field Artillery,6400 hundred out.. Or so it seems. I do hope I made my point better, but if not I'm guessing we cane all live with it.

I hate to beat a dead horse but it just ocurred to me that the receptionist at the W-S DAV Regional Office that, having refused to pass on a msg, that he already had a request for a call back, bearing in mind he initiatted the call and left a msg fro me to return his call. Well but of course I am still waiting on that call!. Hoppy: you is my idol/hero. " I was thrown out of the offices of the DAV by the head of the office. He was screaming at me", given sufficient time and ample thought I would have to agree with that, beings as how I was flat out denied access to my rep, I have the full AT&T Pkg so I did not miss the call, they just figured, yesI am attributing motives and thoughts to my rep and or DAV staff, I had all the assistance I deserved. I readily accept I am short fused and a bit of a "Smart A....", but I do know when to reign it in! halos2, you are an ispiration. You give me strength to persevere. Not just take it like a whipped pup. I do not know if you are the vet or the vet rep, either way you are excellent student of the science/art! Thank you: Hoppy, hedgey,halos2,vync,dav_marine72,81150, CAFB,SLEDGE, john999,clark l namias,Chu Lai69(other worked but along with the County VSU http://army.togetherweserved.com/ but 20 bucks on a shot in the dark is not my first choice was spam heaven!!!!!!!!!!!!!!!!!!!!!!. (No 20 bucks)but the http://www.vva.org/a..._05/locator.htm is a good possibility but still waitimg. You are a good assest! Did not list all the members that helped. since it would take a full page, and the usuals that have all the knowledge which does not reduce their value at all, we just all know who they are. Hope that did not come out wrong. In keeping with the VSO Topic: it appears to me that as often as not someone other than the VET has taken charge of the claim, which is most frequently a good thing, such as a good friend or a family member. God bless them for tking the time, the dauntung task of the requiaite learning curve, fighting the beauracracy, frustrating denials that make you look like you don't know what you are doing. Thank you if noboby else has. dav_marine72 offered his help to me and I will take this opportunity to say his offer of assistance was correct. I thought it was incorrect, that I was 22 years old, knew it all, invisble and bulletproof. Please accpept my stupidity, hopefully i won't even register with you. In summary, $#%^$^#^%^#%$, the VSO's and the whole lot of them. Shady car salemen. I hope only that all vets have mentors, an older vet, that has the requisite knowledge, which when I separayed i did not even know there was such rhing of a VA. Not rxactly yhr sort of thing they gave classes on when I was in and got out. More like, you done your time, rots of ruck gi! I nev er married so I didn't have that turn to person to help. They are too frequently over looked as a source of knowledge and research! I wisshed //i had had that. Those that do don't over look that. Better than any VSO I know of. At least they care. Rambling done but look to your family and hadit.

Hoppy, I have a bachelors degree in psychology and can say with a cetaintity that a 4 year degree in psychology and 5 dollars will get you a cup of coffee. It proves you can read, write, finish what you start. With a Masters and above that includes supervised clinical work will carry considerably more weight. Either way it comes down to the VSO's honest commitment to his representation of veterans. It really is analogus to the traders selling power to California at outrageously jacked up prices and laughing within their group. They know that they hold the lofty position of being the gatekeepers between the VA and the Veterans earned rights. They believe and are probably correct that without them most vets will just get steam rolled by the system so they can do just about whatever they want. Their immediate supervisors believe that too so why would they shake up the system over some vet that they know has no remedy for their malpractice. Obviously, again this does not apply to all but most. Even knowing what I know of the system I can get sold a bill of goods. They sound so genuine on first glance but after you dance with them a bit you see the reality that they are just running you in the front door and out the back as quickly as possible. I am pretty satisfied with the outcome I have reached at this point but it is a result of what I have learned here , determination, and being in a position to dedicate sufficient time to it. With a decent rep I could have ended up much better off but on the other hand they did have to at least reach somewhat of an agreement with me that they were loath to do from the start. It is very difficult, at least for me to know how a VSO will turn out, but not setteling on the first somebody that will give you a moment of their time is excellent advise. True too to find one that has a background in your particular medical anomaly. Also I would never prostrate myself to a VSO or their supervision to where they would be rolling me out the door. I would have already hit it when it became clear their easy lifestyle was their primary concern, or their own biased opinions win over their commitment to their vet.

That is my experience as welI. I contacted the national commander and got immediate service but was a one time operation. As soon as they helped with one issue they assembled a response to the commander demonstrating their fine performance. thereafter business as usual. I got traded off to one that for all purposes seemed like he was competent and actually was concerned. Time told that was not the case. Fact was he was a good salesman. As soon as he dropped the phone game over. Then it just became harder and harder to contact him when it was his decision to have me call him after the VA did not respond to his memo. The county VSO, in Florida, is excellent and you can talk to her the next day in person and for free. Naturally there are going to be good ones and bad ones in any line of work but in the end we have to do this ourselves and use them as second opinions. Just my experience. I know the DAV offers other well functioning services, that is why I pay my membership fees, and that is the only reason, but in my experience I have not meet one DAV VSO worth the time to talk to them.

I am really sorry to hear about your difficulties but in my opinion you should go through your VSO, with the assumption you have one and one that you can actually contact on a fairly reliable basis, and one that will follow through on your conversations and not just drop the phone and move on. In my experience I would suggest you write a certified letter to your VARO briefly, and I mean briefly, outlining these recent events, that you disagree with their findings/decision and that you need time to gather your evidence for your submission of a rebuttal. I would find a neurologist that would do an examination primarily using existing evidence, such as MRI's, Physical therapy notes......... and use the necessary VA language to counter that reduction. There are form questionaires on this forum or just write your own and give that to the IM Examiner and just tell them the VA has certain verbal requirements, but I am sure they would be aware of that if they take the job. Many Neurologists form groups and have one assigned to do exams and render opinions just like this. It is terrible you have to go through these motions but these are only my experiences and opinions. It could well be a good VSO could work this out without all the above. I hope so. Also, and I can't remember the exact VA Form number but would use that form which is used for general formal correspondence. Best of luck I was typing while the previous post was submitted, so at least 2 for the second opinion. I believe the form I would use is VBA-21-4138-ARE.pdf

Thanks John nfor the reply. I have reached the point of diminishing returns at this point with our Senator in NC since he is in an all out for his seat so my c-file is way back on his priority list and the guy he has asiggned to handle VA affairs for him knows his job has a limited lifespan in all likihood, but all he ever did anyway was send you a letter when the VA reached a decision which got to the house about the same time the VA's did. 1. Get backpay (retaliation in back of head) 2. Go through DAV which I will fax this am that I never received a c-file, that if they said they sent it they just checked the box done, or got lost. 3. Go through Senator Burr and hope they might actually do something than tell me what the VA is already going to tell me. I really don't understand how that is suppose to be of service to a vet. Gives someone a job which is good but no actual action on behalf of the vet has ever been taken, at least for me, by burr's office. I have 2 house's, one in Florida so might go through a senator there. But this is forward planning so not time sensitive. Thank you again.

Reaching back to the archives during one of my blunt object battles with the overlords during which I was working for the Army overseas and did some research and found that the government could not be held estoppel. As in they cannot be held accountable for a mistake. This was purely a personnel action so possibly medical is different but I rather doubt it. But like I said this is awhile back and laws change so it could well be different now. The personnel office had done something improper but could not be held to correct the mistake. Had to do with travel allowance.

Well Vync at our service again!. I first asked for my c-file in 2008 due to seeing here, on this forum the sense it made to have a battle plan if you both havee the same info, as in discovery in a legal proceeding. The VA no more sent those c-files to me than I can out run a six pack crate engine. Thing is the VA holds me in such disdain I have to figure wether it is worth the confrontation, because it would be like me saying: 1. you are incompetent (best spin) 2. you are a liar (true but diplomatic?) My main thrust is getting my backpay from a DRO Granted claim, but once that deal is done!!!! I might do a go between like my DAV rep. I would gladly pay 50 bucks rather than ask the VA whst time it was when it comes to finding J. D. Spivey (if you are out there) of Houston, Tx.. The lost records, from La: the clerk called St Louyis and ask and they said what records, who me?....I think I'll submit a NA Form 13042/email etc to chase them down. Not that big a deal but they did remove a fatty tumor from my left hand and I would like to know more about that. At the time, you know, at that age, you are alive and out and what more could you ask. So I didn't ask what/why etc, just may I leave now? Thanks Vync.

I had requested a copy of my c-file way back when I originally initiated my claim and never heard another word about it so I just gathered up my files, to the extent I could from VAMC's/Active duty hospitals/St.Louis and worked from there. I thought I would give it another shot, getting a copy of my C-file and they sent me a letter saying sure, no problem, send us 180 bucks and it's all yours, since we already sent them to you. See the issue? Who do I go running to on this? Any suggestions. One more, When I got out in 84 I had some dental work done and a fatty tumor removed from my left hand but never used the VA again till many years later. I called and they were very helpful but could not find them anywhere: lived in New Iberia. La, but as I recall I drove about an hour down the Interstate to probably Alexandria. The tech I talked to checked their storage, called St. Louis but nada. Not a mojor issue but just trying to gather all my records to make a complete picture. So if everybody throws up their hands what can I do. Last thing, aside from hiring a private Investigator, to locate a friend for a statement, does the VA have any obligation in assisting me locating him. He probably retired in the 90's. Any help on any of these would be very helpful. Just a shot from the hip would help. No research required.

This is really embarassing to bring up but I tried to, well to shorten this I do not know your details but my SOC stated that no scars were exactly where they are and where the psychologist saidthey were. I was told a buddy statement was the best method of proving a case, but that is very diffficult and may involve a private investigator, to which I just walked away as it just was not worth the effort. Of course that is the response they want from you. hopefully there will be more documentation in your SMR to support your case. Endurance, or any that you can muster, is your ally. I have other options I am pursuing and still may well run that down but you have earned your benefits, just be the squeaky wheel. Do not make it easy for them.

In fact the VA does not have to follow the law, not unless someone or some entity enforces the law upon them. That is my experience. I have not been to the BVA nor AMC so obviously you have infinetly more experience in that area but in general a VA employee needs to keep his job, and that entails keeping his quotas, getting along with his crew, and going with the flow. That does not automatically equate to following the law. They can and do ignore the law and just push the file up the chain. I have never seen any negative actions on a VA Representative for not following the law. Just being overridden. Then they never even hear about it. Just my 2 cents.