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RockyA1911

Senior Chief Petty Officer
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Everything posted by RockyA1911

  1. Some of you call the can opener a P4 and P38. In the Marine Corps it was called a "John Wayne" and that is what they were known to Marines by.
  2. Vike17, I have to respectfully disagree with the same body etiology for TBIs. I received separate award for skull loss, and separate award for surgical scar. The MRIs show a "clear focal slowing" in the left temporal lobe are with post-traumatic encephalopathy. Encephalopathy is a far cry from PCS residuals, it is a organic brain disease due to trauma and is listed under DC 8045 as such. Also attached is my NOD of 2 June with an exhibit of BVA decision that ordered PTSD and Post Concussion residuals be separate even though they may have been the result of mortar attack, etc and the same body etiology. Please read the attachment. Help me out here and tell me what your thoughts are after reading the whole thing. NOTICE_OF_DISAGREEMENT_2_June_2007__edited_names_removed_.doc A copy and paste from 38CFR4, Diagnostic Code 8045 Brain Disease Due to Trauma. Organic Diseases of the Central Nervous System ----------------------------------------------------------------------- Rating ----------------------------------------------------------------------- 8045 Brain disease due to trauma: Purely neurological disabilities, such as hemiplegia, epileptiform seizures, facial nerve paralysis, etc., following trauma to the brain, will be rated under the diagnostic codes specifically dealing with such disabilities, with citation of a hyphenated diagnostic code (e.g., 8045- 8207). Purely subjective complaints such as headache, dizziness, insomnia, etc., recognized as symptomatic of brain trauma, will be rated 10 percent and no more under diagnostic code 9304. [u]This 10 percent rating will not be combined with any other rating for a disability due to brain trauma. Ratings in excess of 10 percent for brain disease due to trauma under diagnostic code 9304 are not assignable in the absence of a diagnosis of multi-infarct dementia associated with brain trauma. Previously the TBI was under DCs 8045-9304 and rated at 10% since 1976 for Brain Trauma, Left Temporal Lobe Contusion Chronic. In Dec '06 I was awarded 50% for Brain Trauma, Left Temporal Lobe Contusion, Chronic WITH Post Traumatic Stress Disorder. 30% for skull loss (that should have been 50% as 20.25 sq cm exceeds the criterian for 50% by almost 3 times under DC 5296) and 10% for post operative surgical scar. So what will the DCs be now? PTSD is 9411, and the previous 10% for TBI was under DC 8045-9304 of which the CFR states that the 10% under 9304 WILL NOT be combined with ANY other rating for a disability due to brain trauma. Certainly you can see my side of this after all this. Also look at this attachment which is more official. Brain_Trauma_and_PTSD_NOD_EXHIIBITS_CFRs.doc
  3. There is no such thing as 60% PTSD. It goes from 0%, 10%, 30%, 50%, 70%, and 100%. No 60% rating at all in 38CFR4.
  4. They still need to do something about the VA combining TBIs and PTSD into one rating and calling it two mental disabilities. 50% TBI and 50% PTSD is still just one rating of 50% when it should be separate ratings for each that would be assigned a combined rating of 80%. It is appalling how the VA get's away with that stuff. They did it to me and I am still fighting it.
  5. M21-1MR, Part III, Subpart iv, Chapter 5, 5 Medical Evidence, section d., page 5-10 d. Rejecting Medical Evidence "Unless the historical facts upon which medical conclusion is based are dubious or untenable, reject medical evidence only on the basis of other medical evidence. The RSVR may not rely upon his/her own unsubstantiated medical conclusions to reject expert medical evidence provided by the claimant. Reference. For more information on the basis for rejecting medical evidence, see Shipwash v. Brown, 8 Vet. App. 218, (1995), and Colvin v. Derwinski, Vet. App. 175 (1991)."
  6. After you file, you will have a C&P exam and bring this BVA decision with you and also send it in as evidence in support of your claim for Sleep Apnea as secondary aggravated by PTSD. Or get a VA opinion and/or a IMO that will state "It is at least as likely as not" based on evidence submitted by claimant. Sleep_Apnea_BVA_Decision.doc
  7. Sleep Apnea is not caused by PTSD and will fail when claimed as secondary to PTSD. However, there are BVA decision that found in favor of claims that are awarded as PTSD causing AGGRAVATION of the Sleep Apnea and service connected as secondary service connection due to aggravation of the sleep apnea due to PTSD. In the BVA case the VA could neither prove nor disprove that sleep apnea is aggravated by S/C PTSD and therefore is in the least in "equipoise" and the Benefit of Doubt policy kicks in of which must find in favor of the veteran. File your claim as Sleep Apnea aggravated by S/C PTSD and you will win. These are two winning BVA (Board of Veteran Appeals) cases for central sleep apnea secondary to PTSD. Use these as supporting documentation for adding Sleep Apnea to the claims. http://www.va.gov/vetapp01/files01/0102100.txt http://www.va.gov/vetapp04/files4/0431117.txt Good luck!
  8. Jerry, The "flattened effect" in your AXIS V is in the 50% category in the DSM IV and 38CFR4. The "Suicidal Ideation" in your AXIS V is in the 70% category in the DSM IV and 38CFR4. A Claimant need not have all the symptoms listed within each category, so in my honest opinion I would not accept anything less than 70% as it is the higher of the two evaluations based on the criterion set forth in the 38CFR4. If less than 70%, somebody did not read the "suicidal ideation" in AXIS V and it is more than likely a certainty that "suicidal ideation" and "Thoughts of Death" are more in depth in the complete C&P evaluation report. Just my take!!!! Go to the CFR yourself and you will see "suicidal ideation" is 70%.
  9. OK,what's wrong with saying it? The Ham and Limas were called Ham and Mother F###&&& and they came with the pecan roll. Ham and Mothers for short. The grease was white and hard as a rock and took at least 3 heat tabs to melt the grease. The only other C-rat worse to my taste was the Ham&Eggs chopped with juices, ugh!!!! It was as close to Hill's horsemeat dog food as you could get both in looks and taste! Remember the Boned Chicken and Boned Turkey C-rat meal had the fruit cocktail and peaches. I got so good at the position of the 12 meals that I knew which one was which when they would turn them upside down so we couldn't read what they were. Then the platoon sergeant got wise and would just dump them upside down and then hand you the one he wanted you to have, so you could not even select. Then there was all the trades made before eating them among the rest of the platoon. I could get 3 cans of stuff with meat in them for one can of the fruit cocktail.
  10. I too went in the Marines and was in boot camp 5 days after my 17th birthday, Feb 1966. They are C-Rations, not sea rations, that we were given and we got those when in the field. C-Rations are an individual meal containing an accessories package that contained condiments such as salt, pepper, sugar, creamer, coffee, toilet paper, and a mini pack not sold to the public of cigarettes. They contained only four cigarettes with each meal. When not in the field, either training or combat, C-Rations were not furnished and thus most of the meals were in a mess hall or hot chow in vacuum containers was furnished in the field. This was the majority of the time other than Vietnam. Hot Chow did not come with cigarettes at all, they only came with C-Rations and four cigarettes each of varying brands. I never saw where any free cartons of cigarettes were given out at all, and I would have been first in line to get them if they did since my last name began with an A. During WWII and Korea there were meals called K-Rations that were bulk and distributed to a squad and the cigarettes were divided up.
  11. That is interesting!!! In the Marine Corps we were always told a sunburn is considered a self inflicted injury and if you could not perform at 100% due to a sunburn we would be court martialed for self inflicted injury.
  12. Any subsequent award after previous filing is considered (CUE), it is undebatable when prior filings are construed in favor of the claimant. Means as in my case I filed for skull loss in 1976 and received no decision on it at all. I was recently awarded service connection for skull loss in Feb 07 based on the identical medical evidence that was before the adjudicator in 1977. According to this precedent the earlier effective date of Nov 1976 must be awarded to me based on this precedent. Hope you can all use this, it kind of makes it cut and dry. Memorandum Department of Veterans Affairs Date: May 28, 2004 VAOPGCPREC 4-2004 From: General Counsel (022) Subj: Reconciliation of Moody v. Principi, 360 F.3d 1306 (Fed. Cir. 2004), and Case Law on CUE Claims To: Chairman, Board of Veterans’ Appeals (01) Under Secretary for Benefits (20) HELD: For a final Department of Veterans Affairs (VA) or Board of Veterans' Appeals decision to be reversed or revised under 38 U.S.C. § 5109A or 7111 (clear and unmistakable error) on the ground that VA failed to recognize a claim for veterans benefits, it must be concluded that: (1) it is obvious or undebatable that, when prior filings are construed in the claimant’s favor, the pleadings constitute an earlier claim for the veterans benefit that was subsequently awarded by VA; and (2) VA's failure to recognize that claim manifestly affected the subsequent award of benefits. VAOPGCPREC 12-2001 is hereby superseded by this opinion. Tim S. McClain"
  13. "Those that represent themselves have a fool for a lawyer" -- Abe Lincoln That is why a law firm filed my claim for me and they explained the military thing......in otherwords it depends on the circumstances and degree of injury that pertained to illegal applications by the military. Other than the VA, never represent yourself in a claim against the U.S. Government or U.S. Military and DoD. In the two cases where you both filed the 95 yourselves directly to the Dept of the Navy and DOJ, Abe Lincoln was right!!!! Not trying to be abrasive to any of you.....just sayin' is all! If you do desire to pursue this, Get representation and don't even think of filing the 95 yourself.
  14. Berta, Go here, http://www.watersurvivors.com/default.asp This is the website "THE STAND" and you can get all the info regarding the suit and contamination health causes etc. This will help you check into it a little easier.
  15. No Berta, the suit is filed against the United States of America for Water Contamination at Camp Lejeune. That is what the correspondence from the law firm says that I got 17 January, 2007. Also looking at it again, they are asking for $12M for me and $12M for my deceased infant son. I thought it was $4M x2, but so for me out of the 850, they are asking for $24M out of the $4B class suit. You see this firm has all of the cover ups that the Marine Corps and DoD, and even the levels analysis report that the EPA manipulated, regarding the contamination, new it, and did nothing but let it continue. What made the well water so toxic was the drainage into it from a dry cleaners and also solvents and degreasers used for cleaning military parts and weapons continually draining into the well water for all those years, all the while we and our dependents drank that water. They already have the link of the contamination causes in infants and young children. What they are waiting on are the results of causes from it on adults. The firm has already told me they feel certain that GI problems and ulcers, and Barrett's esophagus are connected. We shall see. This firm specializes in Toxic substances suits. They really talk a good game and have specialized investigative resources. Hope it is not just a snake oil show! As you know the funds awarded for agent orange have been depleted and that is the end of that from the Dow thing.
  16. Keep calling the toll free number as many times as you have to and make sure you get Courtney's extension. If still no reply just use the toll free number and tell whoever answers the phone that you have been trying to contact Courtney and she has not returned your messages. They are very busy. I had to keep calling and calling, but finally she called me back and interviewed me. Then they sent a draft SF 95 for me to make any corrections. I sent that back and then they sent me a completed SF 95 that I signed and returned to them. Stay on the phone until you get hold of her. That's what I did. They have a specific way they fill out the SF 95. In a class action suit such as this, it is the Law Firm that divvies up the money, not the government.
  17. Yes, I have the best advice for you and you can take it to the bank!!!! Contact this law firm: Anderson Weber & Henry, P.C. Trial Lawyers And Law Offices of Michael J. Pangia 233 West Mountain Street Kernersville, NC 27284 Toll Free 1-866-993-7958 and ask for MS Courtney South Ext. 106. This is the firm that is representing Camp Lejeune victims and they fill out the Form 95 for you and send it to you for your signature. I don't know if they have cut if off, but call and see. I am included in the 850 and my letter from them states they are suing for $4M on my behalf and $4M on behalf of my deceased infant son. All total they are suing for $4B. They told me they can prove it beyond a doubt by using DNA and it will show the toxins from the contaminated water. I think I will be lucky to get $25 to tell you the truth and that is on the high side. I filed a claim with the VA, sending them all the facts of the Camp Lejeune records and by gastrointestinal problems and Barrett's esophagus were denied. The VA said there is absolutely no connection nor any evidence linking my GI problems or Barrett's Esophagus to the water contamination. So we will see, but it should be settled within two years. This firm also were able to obtain classified documents from the EPA report that showed the high levels of 70 times allowable and also the DoD letter ordering the EPA to change those numbers to lower figures. The law firm got a specialist firm out of Europe to go to Camp Lejeune last year and test those wells and provide the results. Guess what, the Marine Corps and DoD lied again, the levels last year of the closed wells still exceeded 70 times the safe allowable amounts. I too was a Marine in the 3rdBn, 2nd Mar, 2ndMarDiv at Camp Lejeune and I was told the same thing as you, that military cannot file. But, this law firm can file on your behalf and on the behalf of your dependents. So that is how you beat the government at their own SF 95 game. Keep your fingers crossed. Good luck. Hope you can still get in but keep in mine they have it down to already just 850 they are representing and asking for $4B on their behalf's. I wouldn't mine if you get some of mine, but I don't know about the others or if added claimants reduce the others amounts. Just don't know.
  18. No, the VCAA was for I/U. They (Cleveland Regional Office) stated they were in receipt of my claim for I/U dated 21 February, 2007 and asked me to submit the VA 21-8940. (Now mind you in the 28 Dec, 2006 decision by the Tiger Team stated "Claim for individual unemployability is defferred pending further information".) I received another decision from Tiger Team on 17 February awarding the lowball of 30% for my 50% skull loss that was also defferred in the 28 Dec, 2006 decision. In the 17 Feb, 2007 decision there is no mention of the defferred claim of I/U at all. I inquired in March as I was told my file was sent back to Chicago on 27 Feb, 2007 and that all my claims were complete. I asked what happened to my I/U claim? They said they had no pending claims at all for me. I then sent Chicago, 2nd time my VA 21-8940 in March as proof I had filed for I/U on 5 July, 2005, and again first week in April. I kept checking and they said I have an I/U claim and the date of claim is still 21 February, 2007. I sent complaint via IRIS telling them I never submitted a claim in February 2007 and for them to produce the claim then, because I submitted three times my VA 21-8940 dated 5 July, 2005 and referenced their Dec 2006 decision that stated claim for I/U was defferred. So how can an I/U claim dated 21 Feb, 2007 be deferred 2 months prior to Feb, 07? I received a response that had nothing to do with what I asked, it merely stated that they (Chicago) had no mail pending from me. I responded to their inquiry response on IRIS asking again, what happened to my I/U form VA 21-8940 from 5 July, 2005? Next thing I know a thing pops up that said that THIS INQUIRY HAS BEEN BLOCKED and no further comments will be accepted. No one has ever acknowledged my CUE or NOD. I sent it twice to Chicago, once to Cleveland Regional Office (Where I got the VCAA from) to find out two weeks ago my file is with the Tiger Team again, so I again made copies and sent everything again to the Tiger Team, with delivery confirmation of course. The Tiger Team acknowledges that the Cleveland Regional Office has posted receipt of mail from me and that is what sparked them looking into what happened to my file last week, even before I called they said. Anyway at this point I would just love to beat the shit out of somebody, be it in the Cleveland VARO, Tiger Team, or Chicago. Of course I guess it's not what happens or is done to you that counts, it is how you deal with it. I told them I would call back in two weeks and hope they have resolved the location of my file. The frustrating part is I did everything perfect, all evidence, their formats, their forms, their CFR, their COVA precedent. It would take the average 3rd grader 15 minutes to read and understand and less than 5 minutes to reach the decision. A precedent is a precedent and there is no development required. And also, why with all the raves about how sharp the Tiger Team is only consisting of top selected managers that none of them can do 3rd grade math, such as 4.5 x 4.5 = 20.25, how they came up with 4.8 cm2 they don't even know, so they blame all that on a rating board (that mostly consist of just one RVSR, right?).
  19. I see the website is back up and running the way it should have been. I can now view everything without having to scroll the display size. Anyway, Vike17 and Berta, you two are familiar with my CUE claim for EED to 28 Nov 1976 of which should have been adjudicated for skull loss then but was not, and then finally adjudicated in Feb 07, ignoring the EED and assigning ED of 11 July 2005. They also made a grave math error in that they could not see that 4.5 x 4.5 cm was 20.25 cm2 (criterian for 50% is >7.355 cm2) and assigned a 30% rating in error and under reason and bases they used the same medical records from 1972 citing military records detail 4.5 x 4.5 cm skull loss with cranioplasty. In otherwords, the same exact evidence used to award service connection for skull loss in Feb, 2007 was essentially before the adjudicators in 1976 when a 10% rating for post concussion residuals under DCs 8045-9304 were assigned with effective date of 28 November, 1976. This is CUE according to this PRECEDENT and I forwarded it to them as evidence also(copy/paste): "Exhibit: VAOPGCPREC 4-2004 dated May 28, 2004, Case Law on Cue Claims Memorandum Department of Veterans Affairs Date: May 28, 2004 VAOPGCPREC 4-2004 From: From: General Counsel (022) Subj: Subj: Reconciliation of Moody v. Principi, 360 F.3d 1306 (Fed. Cir. 2004), and Case Law on CUE Claims To: Chairman, Board of Veterans’ Appeals (01) Under Secretary for Benefits (20) HELD: For a final Department of Veterans Affairs (VA) or Board of Veterans' Appeals decision to be reversed or revised under 38 U.S.C. § 5109A or 7111 (clear and unmistakable error) on the ground that VA failed to recognize a claim for veterans benefits, it must be concluded that: (1) it is obvious or undebatable that, when prior filings are construed in the claimant’s favor, the pleadings constitute an earlier claim for the veterans benefit that was subsequently awarded by VA; and (2) VA's failure to recognize that claim manifestly affected the subsequent award of benefits. VAOPGCPREC 12-2001 is hereby superseded by this opinion. Tim S. McClain" In addition I had an annual neurology vist on the 23rd of May, 2007 where the VA neurologist wrote me an opinion stating: "Major concern today is over Comp & Pen evaluation that rated skull defect at 30% rather than 50% SC. Review of records show skull defect with cranioplsty is 4.5 x 4.5 cm or 20.25 cm2. (Criterian for this level of SC is >7.355 cm2)". He also stated that he will make his observations regarding skull defect available to Comp & Pen. With this I sent as request for reconsideration based on new and materiel evidence this treatment record dated 23 May, 2007. This should correct their rating error and make it 50% per DC 5296. I received a VCAA from the Cleveland VARO dated 4 April, 2007 requesting I submit the Unemployability Application form and stating they were in receipt of my claim for I/U dated 21 February, 2007. I sent them the I/U form that I previously submitted to them for the third time dated 5 July, 2005 and submitted it all again 9 April, 2007. My VARO is Chicago mind you! My claim awards were done by the Tiger Team in Cleveland. Last week, I checked the COVERS on the 800 number and they said that my claim is now back with the Tiger Team. I spoke with the Tiger Team this morning and they said all of my evidence, CUE, NOD, VCAA, and everything was on file in Cleveland at the regional office, but they cannot locate my file. He said their coach is having their regional office do a file search because my file is not there and they want to resolve my claims but cannot due to absence of my file. He recommended I contact Chicago, because all Cleveland records show it was sent back to Chicago on the 27th of Feb, 2007 and ask them to do a file search. Contacted Chicago, their file search shows my file went to Cleveland on 2 March, 2007 and they again scanned the file to Cleveland on the 9th of April, 2007. I contacted the Tiger Team again and told them Chicago verified that they sent the file to Cleveland in Mar and scanned it to the again in April, 2007. The answer was neither the Tiger Team nor Cleveland Regional Office has my file, but they do have all the evidence logged in that I sent to them. So here I am again caught between a rock and a hard spot with the VA when I have concrete cut and dry evidence both on the EED for Skull Loss (Precedent) and skull loss rating should be 50% they have lost my whole file. They could not tell me what happens if neither Chicago nor Cleveland is to do in the event my file cannot be located. This scares me because the Tiger Team's coach has been inquiring and searching for my file for over two weeks. It don't take that long, I'm certain. So how long can the finger pointing over where my file is between Cleveland and Chicago go on? Indefintely? The stated they want to resolve my claims and correct them, but cannot unless they have my file and Cleveland stated they have no jurisdiction over my file, it is Chicago. The last thing I was told was Oh! don't worry that never happens, we will find your file when I asked "What is the next step I take if neither of you can come up with my file." Vike, Berta Are they right? Can they keep me on the hampster wheel until the hampster dies? In the mean time I have been unemployed since 1 March, 2004, was diagnosed as unemployable by both IMO Psych and VA Neuro Psych in April of 2005 (IMO) and Jan of 06 by the VA. Is there a way that I can do anything to legally break this bottleneck. In the meantime no action whatsoever other than both VAROs still searching for my file. They could not tell me how long it will take to discern whether they have my file or lost it. I know Vike, that the VA isn't really out to get me, but all these coincidences sure make me feel that way. Especially since if CUE is resolved in my favor would mean a 60% Combined rating from 28Nov1976 vs the 10% I had been getting up until 11 July, 2005. I calculated the retro amount to be $181,746.00 and now both VAROs deny having my file even thought the Chicago VAROs computer shows it to be in possession of the Tiger Team as of 2 March, 2007. They also stated that I must have the patience of a saint after what all has happened to me.
  20. TBIRD, I cleared the history and tempory files and reloaded and it is still the same. TOO WIDE. The resolution is 800x600x75 hertz, 17 in monitor, 32-bit. It needs to fit in the frame of a standard 17" monitor using Windows XP as OS. The postings and threads have always fit within the window previously and for years, so I don't see why it can't be fixed.
  21. It is still too wide T-BIRD! It looks as though nothing has changed on my monitor. The format should fit the screen and then fit to the page, but it isn't. You had a right a couple of times, can you not go back and refix it?
  22. You need to fix the right margin, it is too long. I have to scroll the bar to the right to read. I am using a 17" flat screen monitor. I guess what I am saying is you need to set the format to "FIT PAGE" in HTML I guess. You had it right several times before, but now again the right margin is again too wide for the screen. That is the only problem I see with it. Other than that, it would be just fantastic!!!
  23. I have a All In One machine with also picbridge, it's a Dell. I'm just going to make copies of the NOD and CUE submitted to Chicago in March and send them registered with signature confirmation to Cleveland since my file is there and not in Chicago. Then Chicago can figure it out what happened to my submissions in the meantime. All in all, the Tiger Team could not have furnished a "Deferred Decision for I/U claim pending additional information" in the rating decision dated 28 Dec, 2006. They had to have had the Form 21-8940 or otherwise how would they have known to rate a claim for I/U if it wasn't present prior to Feb,2007? Sometimes it makes me feel as if they are brickwalling my submissions.
  24. That's just it Pete. The IRIS responses are COMING from the Chicago VSCM even though I selected Cleveland in the drop down menu when I submitted the COMPLAINT via IRIS. All the responses have come from Chicago, NOT Cleveland who has my file and is processing the I/U. The LOCK was placed by Chicago VSCM, not Cleveland. Anyway I printed the whole IRIS thread out and mailed it to Cleveland this morning. Strangely enough I just checked my thread in IRIS and it is NO LONGER LOCKED. I checked because I was going to print out the LOCKED info because it showed CPCHI as who did it. CHI is Chicago. Then I was going to print the whole thing out and fax it to the Directors at the FAX numbers Berta provided for complaints and ask them to look into this. But, now there is no LOCK, so I have no proof now. I knew I should have printed that out! Always trust your FIRST instincts and I didn't and should have!
  25. Yesterday I received this second response to my complaint submitted via IRIS. This is what I received. "Response (Department of Veterans Affairs) 04/12/2007 10:25 AM Dear Mr. XXXXX: Part of the rating specialist's job in rating a case is determining the date of claim. If the records indicate an earlier date of claim, the rating specialist will use the earlier date. We are not holding any mail regarding your case in the Chicago Regional Office, all mail has been forward to Cleveland. Because we do not have your file here, we cannot check for the 21-8940 that you sent to us in July, 2005, but we are sending notification to Cleveland to be aware of your previous submissions. We apologize for the delay in processing your claim and we hope to have resolution soon. Sincerely yours, XXXXXXX XXXX Veterans Service Center Manager B163" I responded to her right after receiving the VA response and submitted this: Discussion Thread Veteran/Inquirer 04/12/2007 03:31 PM From what I was told by a VA VSR from the 800#, my file was sent to Cleveland on the 2nd of March, 2007! 1. I submitted a Notice of Disagreement dated 5 March, 2007 to Chicago VARO with confirmation of delivery dated 9:38 AM on 7 March, 2007 (USPS tracking number 0305 0830 0003 1111 0295) 2. I submitted a Motion of Clear and Unmistakable Error (CUE) dated 13 March, 2007 to Chicago VARO with confirmation delivery dated 9:00 AM on 14 March, 2007 (USPS tracking number 0305 0830 0003 1111 0356) 3. I submitted a request for status of claim for Individual Unemployability dated 5 July, 2005 in letter dated 13 March, 2007 to VARO Chicago with confirmation of delivery dated 9:32 AM on 15 March, 2007 (USPS tracking number 0305 0830 0003 1111 0387). The letter also had exhibits, (1) The VA Form 21-8940 dated 5 July, 2005 (2) Statement from Dr. XXXX, MD determining disability and unemployability dated April, 2005 (3) C&P Adendum for Neuropsychological Evaluation Report from VAMC Iowa City dated Jan, 2006 As you can see, all of these packages of evidence and inquiry were clearly delivered to VARO Chicago almost two weeks AFTER my file had gone to Cleveland. You must have a temporary file set up or something as the above documents confirm delivery, so they have to be in Chicago and could not have gone with my file prior to going to Cleveland on the 2nd of March, it would be impossible. I forwarded exact copies of the inquiry referenced in number 3. to Cleveland on the 9th of April, 2007 with delivery confirmation 7:28 AM on 11 April, 2007 (USPS tracking number 0305 0830 0003 1111 4408). So where are these documents? Because the VA in Chicago definitely received them." I went to submit an update this morning and when I clicked on the update a message popped up notifying me that this inquiry number has been locked as of 9:03 AM 12 April, 2007. See how easy they can just make it all go away!!!!!
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