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So, as some know I have been having a little war with the VA and my VSO, the American Legion, about getting my DBQ's. So today I went to the VSO's office in the VARO building during their "walk in" hours since I could not get them to give me an appointment. On the door was as sign saying the office was closed for the week for training and left the 800 number for Washington DC office. I knock on the door anyway. Two ladies answer. Tell them what I want and that I need them to do it today. They invite me into the office. I hand them a typed sheet with the Dates and Dr's of my C&P's and a list of documents for each one that I need. The first lady says she doesn't know why I am there. The second lady says she will help me. The first lady says show me how we do this. Okay I tell them again what I want and the 2nd lady says why do you want to file a NOD, I tell her. She says you don't need these files to file an appeal.......The VA already has them. I tell her I need to know exactly what the DBQ says and what the letters to and from VA says. I also need the code sheets as they existed at each point for each approved and denied C&P. She tells me no i don't and if I insist on filing a NOD I should just file an HLR.. I told her no, that would not work for this and the HLR results are not typically veteran friendly. She then spends 20 minutes more telling me that I need to listen to her because veterans don't know what they want and don't know anything about the VA and how to win their claim. She then says "We work for the VA not for you, and the VA knows what it is doing". this of course makes me mad and I say to her " I am asking you to get me these files. nothing more. I have heard your opinion and all you need to do is get me copies of these files." She then starts in again trying to convince me not to file. I get more insistent and tell her that i heard her but I expect her to do exactly as I requested, nothing more. She then says "Well you don't need those files so let me file the NOD" I tell her NO. Resoundingly empathically NO> She then tells me I know how to file a NOD. She then remembers I am filing a CUE and says "you shouldn't file a CUE because you will never win and then the VA will be mad at you"...... Just f'ing wow. Then I tell her once again to do what I asked her to do and to stop trying to dissuade me from what I want. I tell her she is wasting her time and mine and that all I want is her to get those documents. She then yells to the other woman to get "Bill". Man comes in and says "those are VA files you don't get to have them". I tell him he is wrong and ask who he is. He refuses to answer. I look at woman 2 and say Please tell me your full name so I have a record. She wants to know why. I tell her point blank, that the next time I speak to AL in DC I am going to reference her and what she has said and not done. I then look at "Bill" and ask his name. He tells me 'you don't need to know that". I tell him I do because saying "Bill from AL means nothing to anyone". He snaps back 'I don't work for AL I work for VFW". I ask him why he is sticking his nose into an AL situation? He gets mad and leaves. She writes down her name, at least I think it is her name, date and time . Then says all she is going to do is fill out a FOIA. At this point I decide to let her do that and get a copy to submit with my complaint to the AL. She then asks me what I want. Types that I want my C-file and the files on the attached sheet, prints it, shoves it at me and says to Sign it. I tell her no it is not accurate and ask for a pen and write explicitly what I want. She literally tries to argue with me. I tell her to stop arguing and write the FOIA the way I tell her. She writes it wrong in her own phrasing and i made her redo it. Then I made her add Time is of the essence on the form. When she handed it to me. I initialed before and after the typing and drew a line threw the blank space. She gasped and asked why I did that. I said "its blank space and anyone could add words to that blank space. She then started to say, and got half way through saying 'I needed to put more stuff...." and then shut up as she realized she was admitting to falsifying a FOIA over my signature. I am not sure which is worse, having the people with my POA try and screw me over or having the VA which is supposed to be on my side try and Screw me over.
Hello all. I retired from the Army this past February. I've been following this forum since I received my initial compensation letter from the VA in July. I've learned a lot here, but I'd like to throw out a few questions, as well as post a letter for your review. I've been rated at 60%. (30% post hysterectomy, 30% PTSD, 10% right hip tendonitis, 10% thoracic spondylosis with scoliosis, and 10% tinnitus.) I also was SC at 0% for ten other conditions. The VA denied SC for eight more conditions. I do not feel I need to appeal every condition denied, but I would like to appeal some of them, specifically the ones related to my chronic skin condition. Here are my questions: 1. How can the VA deny SC, when conditions are clearly diagnosed many times in my active duty medical record? Shouldn't I, at least, be given SC on these conditions with 0%? 2. I sent in a huge amount of my active duty military medical records (2 copier paper boxes full), with all diagnosed conditions highlighted. Does the case worker not even review these records? 3. The VA claimed they did not have the SS#s of my two daughters and could only pay me with one dependent (husband). So I immediately sent in a 21-4138 upon receipt of my rating decision, to include the missing SS#s and also to request reconsideration for one of the denied conditions (Coccydynia). The reason for the reconsideration on this particular condition, is because it was denied based on "The evidence does not show an event, disease or injury in service."... "Your service treatment records do not contain complaints, treatment, or diagnosis for this condition". The VA obviously missed this or it was not included in the evidence. I had a two page report from my active duty records that clearly diagnoses the injury, so I asked for reconsideration and attached a copy of the report. Was this the right thing to do? 4. I am considering appealing a chronic skin condition. The doctors throughout the years could never agree on a single diagnosis. It was called eczema, atopic dermatitis, neurodermatitis, contact dermatits, and simply rash. The VA denied all of those stated conditions, saying "The evidence does not show a current diagnosed disability." "While your service records reflect complaints, treatment or a diagnosis similar to that claimed, the medical evidence supports the conclusion that a persistent disability was not present in service." These skin outbreaks were documented at least 30 times in my active duty medical record. One other diagnosis for this skin condition was papular urticaria. The VA has deferred a decision on the papular urticara. The letter stated that they would be sending me to an additional C&P exam, but I never received an appointment time/place. On ebenefits, it says my claim is back in evaluation of evidence, so I'm assuming they are not going to send me to another exam after all. Should I go ahead and file an appeal on the conditions denied and have my doctor write a letter explaining that all the different diagnoses are referring to the same skin condition or should I wait for a decision on the one deferred condition? (I am having an outbreak now and am scheduled to see my PCP on Monday, at the time of my first C&P I was not having an outbreak, so the doctor had nothing to evaluate.) 5. The other thing I'd like to appeal is my rating for PTSD. They rated me at 30%, but I clearly meet the criteria for a 50% rating. Would I get a letter from my current therapist to support this? She is a licensed social worker and specializes in PTSD and EMDR treatment. What documentation should be included to support and help me win an appeal? Sorry this was so long of a post. I hope some of you seasoned posters with lots of experience can give me some good answers on my specific issues. I dread the future fight with the VA, but I'm betting this forum will be an encouragment to keep going. Thanks in advance.