autumn

you wouldn't know which poet/poem would you? Laurence Binyon's "For the Fallen" ? Rupert Brooke's "The Soldier." ? i would like to read it if you do. thanks

http://www.legion.org/veteranshealthcare/214300/legion-reacts-allegations-va-whistleblower http://www.legion.org/veteranshealthcare/214296/coffman-va-gulf-war-illness-treatment-%E2%80%98embarrassing more legit whistleblower's need to speak out. i know they are worried about losing their job, rightfully so, but, there has to be more employee's at VA that see the crap being shoveled daily. as it seems veterans as a group won't march on washington or ROs these days, remember it did happen in 1932, the Bonus Army march of 1932. that march woke up some people.

i was put in contact with Mr Rosinski. after being led astray by the VA and PVA and DAV, i'm going to trust him to help sort this stuff out. he seems to be on the level more so than other lawyers i spoke with. some claims are very complicated and when your sick to boot. i need the extra help. so hard to trust anyone appreciate the links. good education

i did the same as john, that is thinking i was getting the correct rate/diagnosis all those years. i too am fighting for CUE. its worth the fight.

point well taken. that mine-filed has irreversibly changed me over the years so, no, it isn't something i want to revisit. yet years of incorrect diagnosis triggers that personality change. with ms, another c&p will present itself in the future, i'll take care of it then. thanks for the replies

even if the condition isn't "arthralgia" in my ankles? just leave that as it is? i see you all's point about it all. but don't auto assume i'm just out to 'gain' more. it has more to do with getting the "correct" medical issue listed. thx for the replies

all i was thinking was the getting the correct ailments listed. that was all. years of having the incorrect listings "i guess" has left me a bit uneasy.

i was recently awarded the secondary issue ratings for ms, tot=170. one thing i'm curious about, is it listed 10% arthralgia for each foot but i don't ever recall getting x-rays, mri's, complaints of foot arthralgia. joint pain is one thing, but the pins, needles & pain in my feet arn't joint pain that i know of.more likely than not, spine or ms related i would think. they rated my cervical issues at 10% though a non-VA surgeon(s) recently said i needed surgery there but was leery to do it due to my ms. my question is how, do i go about disagreeing with this?

appreciate the help!

thank you for your reply. the 21-4138 is the form vs the 3288? just want to be sure. when you say 2 weeks, is that the time to actually get the copy or a reply that VARO got the request?

i know this an old post but i have a thought that hasn't left my head and want to ask: i filed a complaint 4 times with local VA advocate. that many times was due to first advocate not getting it into the computer so i was told, and the other times due to i never heard back. that is to say, the advocate would tell me i would be hearing from someone about the complaints and that she had forwarded them and that they were in the computer. that was back starting in 2011. i told the advocate i was writing to DC and she said something to the effed, "why, they will just send it back to us". i see you advise writing & emailing those addresses you list. i had Shinseki's address but not the others. i can send my list of concerns to them?

btw, i did a search for "requesting c-file" but with my browser, FF 17.0.1, it only returned "loading" but never loaded any results so i posted that question that has probably been asked thousands of times.

now that i have no claims pending at current time, i want to request my complete c-file. i've heard to use form 3288 or 21-4138. i want to use the correct one which is the correct one to use and for information requested i simply write "request my c-file" or does it need to be some legal lengthy statement to that effect? tia

those words, "...if your claim became final at any time...". i'm a bit fuzzy on that. there were a few "closed claims" in past and as recent as 2010. the 2010 closed without RO taking into consideration MS secondary conditions, which we know is supposed to be a mandate. anyways, PVA resubmitted to open claim for secondary issues, late 2010 dec, i think. the 90% recently was due to MS secondary issues and the two recent C&P's are for spinal injury increase and the MS secondary issue "major depression". beats me how RO will rate those two. i was already SC'd fro major depression, secondary to chronic pain. now since they admit/agree i have this MS stuff, major depression gets lumped into that and has to be re-rated. don't want to confuse us all, i'm too confused at times as it is. a sentence or two on the "claim becoming final" would be appreciated in simple terms please. thanks

pva recently put in for tdiu and is using my 100% ssdi stuff. va recently raised my percentage to 90% though they are in process of rating two other recent c&p's to see if that will add to the recent 90%. of course, only now is VA looking at ssd and stuff because pva is pushing it. beats me if pva will/can get an inferred tdiu

good intel. i'll research this. a BOD may be the way to go. does BOD go with "inferred claim"?

i appreciate the insights. clear as mud? yes & no...the realm of inferred claim gets muddier. here's some thoughts and cases in points ... And what of the Federal Circuit returned, holding on several occasions that the decision in Roberson v. Principi requires "sympathetic reading" to the veterans' filings ... determining all potential claims ..." before i get blasted for inserting that tidbit, read on... I'm aware that, Brokowski v. Shinseki, the CAVC returned that the "sympathetic reading" requirement does not obligate the Board to conduct an exercise in prognostication. However, the VA manual does mandate that VA raters must adjudicate all claimed disabilities, and all chronic disabilities found in the service medical records, even if they were not specifically claimed. it didn't say C-File, it said, "service medial records". and what of VA Adjudication Procedures Manual, M21-1 Manual Rewrite (Manual M21-1MR) that stress that all inferred issues also must be adjudicated. Manual M21-1MR, Part III, subpart iv, 6.B,2. states: "When preparing a decision, the RVSR must recognize, develop, and/or decide all issues, whether expressly claimed, implied, informal, potential, mandated, or ambiguous." Manual M21-1MR, Part III, subpart iv, 6.B,3. states: "An inferred issue is derived from the consideration or outcome of related issues. Often the primary and inferred issues share the same fact pattern." and to add: regarding, Coker v. Nicholson, 19 Vet. App. 439 (2006), didn't CAVC reject the VA argument that because the veteran had not discussed his foot condition in relation to a claim for compensation his bilateral foot condition was not before the VA? and, the clemons v. shinseki, case and what it returned. and what of documented procedural errors on past claims/appeals that happens to veterans ? and what of legal theory, regulations, new legal arguments, etc ? ------------------------------------------- yes, some of this thread is clear, yet much isn't. nevertheless, i'll move forward inch X inch. clear as mud though for sure ;-)

good point and true

its from one of those "QTC exam" places contracted from VA. i don't like it either. i take it they didn't like or use my non-VA doctor IME's and SSD psych evals.

i had the psych c&p eval. i guess it was standard. most exams are a blur to me afterwards. i took a few non-va psych evals/IME's. beats me if they will use them. i told VSO about them and he sent them to RO to be sure. out of the blue that same testing place now scheduled a cognitvie screen. guess that is standard VA not to let you know about it or the first psych eval doctor not letting you know about it. is this another legit screening or what is this all about.

appreciate your help. it was the rating decision from 1986 dr bash mentions is CUE. i can't even make sense to this board which is my issue not anyone here. i seem to get that a lot lately. LOL

>>When did you first file for the MS? 2010 right after civililan diagnosed it i requested a list of claims filed from RO to see exactly what was claimed in 1987 and why denied. i've yet to receive that >>What specifically did the VA say in your award letter as to how they determined the EED? navy & VA medical evidence VA C&P neuro statement of SC Dr Bash IMO, statement of SC Statements from civililans regarding my sympotms over the years >Are you filing for better EED of the MS? i guess, i've had MS since active duty, which is clearly stated in records. and a CUE regarding the many time evidence ignored and medical conditions not pursued >If other words, do you mean Dr, Bash's IMO said the MS had been resent in service or soon after discharge? yes What specifically did VA say regarding that in the award letter? >“ Did you file a claim for the specific condition or was it noted on the exam that you had for some other condition? “ can't be sure until RO sends me a list of cliams filed and outcomes. but, answer is yes, to second part of question about "some other condition" >Meaning what did the VA know and when did they know it? i have no way of knowing. but a case going before a review board (federal circuit) might "see" that the VA did know something. >If the IMO reveals you had MS at time of that denial,then the potential CUE would lie in the rating decision. it reveals this, but without seeing that first claim denial i can't be sure what it says. and RO is slow to send me a copies. >Did VA ever misdiagnose or mischaracterize the MS in a past denial? they turned everything around to psych issues and minimized back injury just after that VA C&P where the doctor lists the "severe chroniic illness" along with back injury and he found no pre-mil evidence of any issues. now they won't even discuss all those weird psych labels they listed me as having like it didn't exist and i should just forget about it >>Then the CUE lies in that rating decision.( as in my template regarding my CUE claim in the link) i'll work with that template for rough drafts. thnx >Rating decisions ,if incorrect, are legal errors that can raise to level of CUE. i believe this is where IME is crucial, that shows/details this >>Can you scan and attach here (cover personal stuff) the first denial the VA made regarding your MS claim? And the Rating sheet? i don't have this, this is what i've asked the RO to send me and they repeatedly have not. they send me copies of my "request" for these but not the actual claim and decision. odd >We cant do anything when the Military misdiagnoses a condition due to the Feres Doctrine. so i acn't write Navy to have them correct a record? >But if VA continues to misdiagnose and treat for the same condition, that falls under 1151. There could be 1151 potential here. seems like they did all these years. >Do you have a copy of the actual C & P and does it fail to contain any specific diagnosis? i have a copy of this, and doesn't specifically list specific injury or specific disease/illness, but says i suffer from them. >Can you scan and attach that C & P here too? i can, but leery to put it up here. >>On the current award, are you still within the appellate period? Meaning, you would still have time to fight the EED on that award. i don't know, i'll have to ask PVA

yes it was along with non-VA neuro statements of correct diagnosis, so both of them

yes to your first question and at that time i didn't appeal that decision. yes, at that time, the VA c&p doctor did state the chronic condition incurred in service. did state the secondary issues at that time were related to injury plus "chronic severe disease". he could find no pre-mil condtion(s) to account for secondary issues and thus they related to injury in service along with the disease statement i just mentioned in the previous sentence. i filed for the conditions the navy discharged me with which didn't include MS. i didn't file for MS specifically due to navy peb and va stated i didn't have MS though they ignored all medical documentation relating to MS symptoms and also listed 3 positive spinal taps as false, thus leading me to believe i didn't have that condition. VA ignored specific medical evidence relating to MS symptoms that was presented to them. the recent IMO points these things out backed by documentation. what other condition would that c&p doctor have been speaking about? he was shown my navy medical documents from what i barley remember so he knew of the injury, knew of all the myriad symptoms, and knew of the positive spinal taps that the navy called false.

yes, that is what happened from what i can tell and what the IMO addresses. your input helps me to get the ball rolling on rough drafts. i can have it ready to present to VSO if they decide to own it or file it myself. at this stage i'm seeking help/guidance here for rough drafts. i didn't know how to start a letter with this but do now.