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autumn
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Posts posted by autumn
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I thought it was helpfull, too. One example, a quote from the NVLSP LINK:
Benefit of the Doubt Doctrine Applies to the Task of Divvying Up
Symptoms
z Multiple conditions, S/C and Non-S/C can impact similar
functions, or exhibit overlapping symptoms
– To rate the VA must try to separate out the symptoms
– Examiners unable to do so often state they cannot "without
resort to speculation"
z VA interprets as cutting against the claim. This is error.
z If it is not possible to separate effects of serviceconnected condition and non-service-connected
condition, VA must attribute all signs and symptoms to
service-connected condition.
fantastic helpful information. let me ask, should i send these two paragraphs you posted to my VSO to see he is aware of this? that is, i have a claim in for spinal injury and for secondary spinal/neuro disease. the VA could spend years trying to say what disease and/or injury is ticking of many of my neuro symptoms.
if i'm reading this correctly if the VA cannot totally distinguish which is which in these cases they *are supposed* to assign SC?
appreciate the education
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I wish Congress would stop the Smoke and Mirrors of the ILP. I haven't got anything out of them and I don't have any fight left in me. David
many of us who are injured and/or with illness are losing that fight in us. with age, years of fighting, the physical/psych stress from it, the crazy lies from the VA/VARO, etc.... we'll have to pick each other up a bit to carry on.
aren't they're any whistle blower's in VA and VARO?? surely there are some there that can see and smell the sh!t there. i'm talking of the bad ones not lumping in the few good ones.
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Is this the treatment Vets deserve? I dont know why we put up with this, and I dont know how the VA gets away with it. As far as the VA is concerned it is exactly what we deserve. We put up with because we are not organized. Oh! sure we have the VFW, DAV, VVA and a few other organizations that appear before congress but, hell they can't even get together on a common goal. The VA gets away with it because congress lets them. When you have a do nothing congress you will have a do nothing VA.
would it be a stretch to think that some of these service orgs have lost their way and are just a bit too "conflicted of interest" with the VA? expose & depose so the younger veterans do not have to go through years of what some of us have/are going through.
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http://kidzexplore.c...EWS01/703019890
This is the reason a leading Vets advocate recommends not calling the VA:
It wont do you any good, they wont give you reliable information, and they wont solve your problem.
Is this the treatment Vets deserve? I dont know why we put up with this, and I dont know how the VA gets away with it.
let all veterans go on strike and show we aren't putting up with it!!
we've all written more than once that we veterans have done up to and more than humanly possible to do the right thing with the VA and yet the VA still treads over many of us. i've heard the same excuses passed on to me from VA, DC, VSOs, etc for over 24yrs and nada, nothing has changed. their tactics to placate and humor me have gotten more sophisticated.
at this point, no one leaves us a choice but to go on strike, mass protests, etc.
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autum,
You can actually write and submit this request on toilet paper
but this is the form used by most claimants : - )
Try to be as specific as possible with the request, I would try to include
the issues claimed and a timeframe it was submitted.
JMHO
i don't know if you can comment on this but i put it here in case you can something like, yes this will do, or no its not sufficient ...
[thsi si what i put on that form]
#-------------------------------------------------------------------------
Regarding claim submitted 3/26/1987, for "compensation for a spinal chord injury and depression" I am requesting copies of:
1. supporting documentation at that time submitted for claim
2. supporting military medical documentation that was submitted at that time for claim, if any
3. C&P exams results performed by VA at the time for this particular claim
4. copy of the decision for this claim & reasons claim was partially granted and partially denied.
Thank you for your time & service
#-------------------------------------------------------------------------
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autum,
You can actually write and submit this request on toilet paper
but this is the form used by most claimants : - )
Try to be as specific as possible with the request, I would try to include
the issues claimed and a timeframe it was submitted.
JMHO
ah ha!! roger dat, got it this time.makes sense now, i know what to do with that. love the humor!!
many htanks
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http://www.vba.va.go...21-4138-are.pdf
You could send it to the VARO the claim was filed at.
I personally would make a visit to the closest VARO and request a copy of the claim filed
and the rating decision adjudicated in connection with those issue/s.
JMHO
hi carlie,
is this the form i use to request that information? looks like a statement in support of claim. tia
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This can get complicated. First, the only available records are likely to be in your VA "C" file. (Request a copy)
Thanks to the "redaction" process a few yeas ago, old records might be gone forever, unless you have copies.
(I'm still trying to find records of a denied claim going back to approximately 1970, since, if found, a "CUE" claim is possible.)
(They disappeared from my VA file.)
thanks Carlie & Chuck,
it is that possibility, considering all the truthful medical evidence that has been brought to light in last few years. it was in california back then that the first claim was filed, same month i was discharged from navy. i just don't remember all the details. i'll write them and see what mileage i get.
i don't know much about the redaction thing, sounds like the unexplainable fire in st louis years ago. ;-)
i have a lot, most of, med records from then thanks to a friendly navy corpsman & surgeon's secretary who made copies for me while i was in hospital. said i would need those as there was something wrong with me besides the back injury. i've never seen that guy since. unexplainable, some of the people that come and go from our lives. thankful i met them!
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i looked at the VA forms link and got a bit overwhelmed as to which one to get so i ask a question.
i recently saw an old letter that VA wrote that i had filed a claim, my first, back in the 80's. that's all it said about that.
i can't remember if I filed that claim myself, if i had a SO from an org or what. was a long time ago.
the VA hospital i was at at that time did send me all their records they had but i didn't see but a few C&Ps from them about the same time the letter stated i had filed a claim. there was nothing of the VA stuff about that claim, any VA correspondence, etc.
what form would i use to reequest all info relating to that claim? and medical evidence VA used back then for their decision?
and where do i send form & request to? i don't want to ask the VARO in this state cuz it seems any correspondence with them brings out the jinx's, if ya know what i mean.
tia
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Why would it states a decision notification sent because it has been over a month and I haven't received anything and the 1800 number people are stating something else and the VBA people at the VA hospital don't see this information.
when you find out, let us all know. i've had that same "notification" setting on my ebenefits page since summer 2011 and i never received a notice in the mail. PVA rep is in a black hole about it, as is local VA business office (joke). good luck
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ebenefit shows I had a c&p exam for hearing loss, but it does not show I had a c&p exam for major depression and bilateral knee disability. It also does not show that after I filed my NOD, I had two more c&p exams. Is this information just left out? Under appeal which It states no informaition. this appeal was filed 2008 and has no movement since then. So ebenefit is just what the VA decides to put on it. The VBA personnel at the VA hospital told me they have nothing to do with ebenefit. Naturally I could only get limited information from them and the IRIS system gives only limited information and the 1800 number is hit and miss. So my question is how do actually find out the status of anything if all the communication systems are only giving out limited information. Under the appeal tab on my prior appeals it give the status, the date of NOD, and although the appeal was resolved at the regional office at least I knew where I stood. This last appeal has been ongoing since 2008 and I can't seem to get but limited information on the status. Also do ebenefit suppose to show that I have been asking for a DRO regional office hearing since 2009 without any success. The VBA personnel at the hospital states they can not see a hearing request, like I said the 1800 number is hit and miss and the IRIS response is only going to give you limited and evasie information. So is ebenefit any different if it only going to give the same limited information?
eBenefit site hasn't helped much with me either. i've always, so far, had to call/write/email/ RO or IRIS to request them to update my eBenefits page as its always way out of date. i gave up relying on eBenefits except for some things like ddepost or a letter print out.
i've sent in and taken medical docs (from outside VA) to be scanned into their system and it takes them months/years and numerous attempts to get them to do so.
considering the amount of money the VA is being billed to develop the ebenefits site i doubt seriously it will help the veteran in the realm of claims. we're up against a crew of national legal beagles whose sole purpose is to roadblock and trip up the veteran.
imho
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hey streetwalker, I too "feel" your pain.
the VA at first denied major depression secondary due to chronic pain from lower spine injury. that was just a few months after being discharged from navy for that along with back injury.
took a few years for VA to admit and SC it. we know the up hill battle track your on, and it sucks fwiw.
might i suggest you get all your papers together regarding the depression to file for it being secondary. maybe an outside VA doc's statement too if possible.
as to when to file all i can offer is i filed a new claim right after VA told me my other pending claim was basically done and waiting on signature. i even asked pva if they approved of filing it and they went along with it.
now VA says some issues on the previous claim may be linked to new claim so its almost like back to square one with them from my point of view. but, i'll have the start date of claim verus waiting. no matter what its going to be a waiting game for most of us.
good luck & get all your papers together
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The VSO's I dealt with kept sketchy records and no hard copies of anything that they forwarded for me. Yes they will help you fill out a form or copy a document to send but they don't keep records except notes and perhaps something on their computer.
i'm gonna request those sketchy notes from national. it will at least show a timeline of claims over the years and some of the steps they took on those claims.
since i'm planning of filling out forms myself their sketchy records could help with that along with hadit website.
if their notes are sketchy, and they don't really read/peruse records that the veteran gives them, and they type up a page or two showing them filing a claim on behalf of veteran and then mail that in, if that is all, ... then why do we go through them?
one vso website states they provide free, comprehensive benefits assistance and advocacy. its that word, advocacy, that never came through when i asked many times for it. i had to write a congressman for that "advocacy" which got the correct c&p exams versus the sham exams.
their service to legal representation for appealing denied claims, well, i often get what i paid for, to sum that up.
thanks
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In my experience, Chapter or volunteer service officers do not retain any copies of anything that is claim related. The do not have the resources to safeguard the information, nor can they afford the cost to keep things on file.
National service officers, those who are paid employees of the DAV, VFW, AL, etc.. and who work at the Regional offices level, do keep working files of the claims until they are adjudicated. In most cases their files would be of no use to the veteran since they would only contain working notes, of conversations with the veteran, suspense dates and things of that nature.
understood.
it is in fact these National service officers' files on records i would like to have. it would list the history of claims, docs that were sent to RO, and working notes. that information may or may not be of any use to a veteran.
i was told basically the same by va regarding why i kept getting copies of med records, etc. "why do you want these...", "you wont understand them..." to paraphrase. stuff like that.
if i had not gotten all those records and spent, now going on 5 years of researching them, i'd never had found the answer to my years of neurological symptoms. that is getting a correct diagnosis of ms and getting it service connected. that put an end to the va claiming it was all in my head or over 20 years ago i used to drink and that is what was causing such neuro issues.
since i'm losing faith in VSOs (just [my] experiences), i want a copy of their notes to go through and satisfy a curiosity. i already know they tossed my "character under the bus" 22 years ago on one appeals claim (ms carly & john999 know about that). i'm wondering if that instance had any bearing on subsequent claims after that with the same SO.
thanks
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My VSO's have told me it would be impossible to keep hard copies of all records of the cases, it would jsut be a nigthmare.. plus, scanning all records would be a fulltime job and cost a lot of money to run such an operation.. so no, they don't keep copies... they make entries into the computer under your file, and that is it..
yes, its these entries i'm wanting a copy of, not of say like c-file docs and such.
i want a copy of claims filed over the years (where, date, & to what VA). what was logged into computer as to what tasks were done working on the claims, (phone calls, letters, etc).
that wouldn't be many papers to be printed and all that stuff should be on their computer system.
the c-file & medical stuff hard copies i don't need from them, heck they get their copies from me anyways for them to file. ;-)
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My VSO doesn't keep any hard copies, either. Whatever I send to him, just so it can get date stamped by VA, stays with the C-file.
my experience too. lie an intermediary. i send them the docs/folders, they forward it to c-file. and that is more efficient and/or beneficial than we sending it in with a return receipt? my VSO doesn't get return receipts.
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FWIW - any of the VSO's I've ever had, did not keep hard copy files on claim issues.
sorry for the delay in getting back, guess i had the auto notify turned off or something.
that is my experience. bu they do keep notes, etc on computer file. that much i do know.
thx
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what information can/will a vso sedn ot veteran upon a request for all information related to a claim the vso has been working on?
are they required to send all of their records/info ?
is it worth asking for this info prior to taking back POA?
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VSO's are like spouses: The good ones are already taken.
If this VSO was a good, experienced, talented VSO, he would be too busy to take you as a client as he would be swamped with Vets.
The lousy ones have plenty of time to talk to you and then shred your evidence or never send it in or otherwise give bad service. Many have gone another route.
Ever hear "there is no free lunch"?
The cell phone companies offer a "free" phone. Your VSO service is "free" similar to a cell phone, in that you pay for it later..in reduced benefits.
While there are exceptions, you will find this to be mostly true.
Many VSO's say, "Dont appeal"...or "you dont have a "CUE". Or..."Wait to apply for benefits". All of these things usually cost you money...lots of it.
glad i heard/read this. yep, sorry to confirm but this VSO and few prior have all said what you have written. i'll take my case my own soon.
let me ask again if ya folks don't mind, when i request this VSOs communications he has done on my claim with VA, he has to send that to me?
my gut has told me this for awhile, i 'll just do these things myself with help from here. would take the same amount of time using a VSO since i'm doing all the work mostly and getting little advice from him except, "sit back and wait, lets see if VA does the right thing..." guess all you folks heard that before.
thanks
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In my opinion and as a prior DAV Chapter Service Officer.. I can tell you that writing a letter of complaint isn't likely to generate any good will, and the Service officer in question is not likely to hear about the problem unless you could actually prove a problem beyond he said.. she said....
I am not even sure that you could sue either.. first you would have to show cause.. again far beyond he said she said.... It is true that the DAV did ( may still) bond the volunteer service officers as well as paid VSO's just in case of a problem but I doubt may cases ever make it to a court room.
My best advice is to find a new reliable service officer, and from my perspective they are far and few between. That is why it is so important for a veteran to know his own claim inside and out.
If you need help with your claim and can't find a decent service officer contact the veterans pro bono consortium
http://www.vetsprobono.net/ if they think you have a case they will represent you at no cost..
best of luck
thats why i do so much of the work myself. all vso does is write a letter to ro after i put all evidecne together. heck, he hasn't even reviewed my c-file in going close to 2 years. he's either listening to the va or me and i suspect its va. imho
i really doubt i'd sue. i could just be mad and maybe they did just enough to do only a little. doesn't justify a lawsuit in the sense i could win. i have found zero accountability in dealing with va or vso or ro in 24+yrs.
thanks for the link. will come in handy if/when i take POA back.
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Some VSO's strike me as the quintessential jaded old men who enjoy sitting around giving their opinions and telling stories of how you failed for not following their advice.
This isn't the type of person you want going to bat for you.
I strongly recommend educating yourself and handling your own claim, because no one will do it as diligently as you will (if you are able, of course).
If you're so rattled or otherwise don't feel competent handling your own claim, a VSO is better than no claim.
Good luck!
that is how 3 out of 4 vso's have been in my case. since i'm filing a complaint to national i'll be taking back poa i suspect.
hey, to get all vso correspondence they did regarding my case, all i have to do is request it?
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You can ask the VA to defer a claim until a previous claim is decided. If they will do it that is great but it is their option, not the veterans. BAsser
is there a backlash to the veteran if he does this?
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It is the standard 1-800 number. The VSO only came twice a week and I decided to take things into my on hands.
I think my VSO was good and kept him in the loop of thing, but too many case's in Dallas.
When VA send a letter and need to file a form. I did it back ASAP.
I got friends and family to write letters of my condition's, and how they effected my life, But it had to be on the correct form are they would file it in the trash! Form 21-4138
Make sure that all Doctor's release are sent Form 21-4142
And see if you can get VES Veteran evaulation service's can and did help my case. A outside group of doctor to evaulate your condition!
Most of these people at Hadit have great knowledge on dealing with VA. They were very helpful to my success and getting where I'm at this point.
So my point is be careful, and listen to these people! Not Me, I'm a newbee!
i found that VES web site, and will check it out, thanks
if not for hadit i'd still be seeing shrinks at VA for neuro problems cuz for some reason no one at VA would call it MS, etc. they do now thanks to hadit folks helping me out. still a few more things to iron out as you can imagine. recent va neuropsych results showed i have some issues all related to ms and its secondary stuff. i guess that is good. hard to trust anyone at va in my head though. what they tell me and write, well, we'll wait and see.
ok, i'm rambling so i have those things you mention in my tool box. thans
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Over about the last 6-8 years, I have become a FIRM believer that if I currently had
claim issues in for consideration, I would not continue to submit additional claim issues.
It just adds to what is already there and basically starts back over - IMO.
I know there is some disagreement in this - BUT - it is what I have personally seen and experienced.
I feel for me it might be, more important to let an earlier effective date pass by on some issue/s
so that's whatever issue/s I currently have at VBA can finish getting rated / adjudicated.
Later down the road you can hit the additional issues and get upto one year EED on them per
medical evidence of record.
JMHO
i've seen you and pete say this on other posts and i hesitated to file the cervical SC becasue of that. i sent folder for this claim to VSO and specifically wrote on note that if he thought it would mess up the ms secondary claim not to file yet. but since RO told VSO and congressman's office claim was out of devlepment phase i thought it ok to file. so did VSO.
it was like a haphazard dump a new claim on old claim kinda thing. and after numerous calls, faxes, letters, RO still hasn't written to tell me they actually have the folder VSO sent them for spinal claim. only the vcaa letter they got claim request and they needed more info. VSO says they have it and write them i have no further evidence to submit.
guess i can't recall that claim huh? nevermind, thats just just goofy thinking. its sent in, i have spinal issues that need to be rated and increased, done deal now.
Nvlsp Common Va Errors For Increase
in VA Claims Read First Pinned Topics
Posted
seems more norm than not RO going with the least qualified medical opinions. i know now why the VA neuros all these years were so vague and would never diagnose. and i thought tampa held promise. guess not. good luck with it john. those medical issues you mention can be quite troubling at times.