Va Claim Closed Out ? On A No Brainer ?

[drkestlight]

I just got off the phone with the NYC office and I was told that my claim was closed out? A year and a half later of waiting and they cut me off?. They said waiting for my info? Are they on crack here??? I am horrified by this and in shock. I have done everything they asked and more. The VA has dirrect knowledge of my VA treatment and I have had 29 medical appointments this year alone. they have put me in TBI/ brain injury clinics ? I am on 16 medications for my daily life what kind of BS is this. I have submitted book binders of documents to them. I was evlauated and treated a year at Walter Reed ? I am on social security and Army disbaility this is just wrong. My claim is legit What is the deal here anyone have any suggestions. What do I do now ? What does Closed out mean ?

NY Steve

[Vike17]

Steve,

When VA "closed out" a claim that means the appeals period ahs run without the veteran submitting a NOD or after a veteran receives a SOC or SSOC does not submit the VA Form 9 to continue the appeal. You also said the VA told yo they're waiting on you 'info.' So something definately doesn't sound right.

Does VA have ALL of your SMR's, treatment records from Walter Reed, and the VAMC?? Just because you were seen at the VAMC does not mean the Regional office knows about this. Also, your records from Walter Reed are what is called clinical (impatient) records and are NOT kept in your SMR's. They are kept seperately either at the treating facility up to, I think, anywhere from 2-5 years after the treatment and then they are transferred to St. Louis and are stored by facility. You need to tell VA this if they are not aware of it yet!

If you could give us a little more info, then it would help us a great deal to try and advise you of whats going on.

Vike 17

[Pete53]

Since you live in NY I recommend that you ask Sen Schummer to help you. Like Vike said if you post some more details it will help.

The VA has procedurs that they have to follow and if they don't you have a back door into your claim.

[drkestlight]

Thank you for your fast reply. This is amazing I never got anything from the VA on any decision. Why would I file an appeal? I have been waiting on a determination for over a year and a half? I call bi/weekly for my status and recently they said it was at the rating board.They have never said that they needed anything from me? or my claim was in appeal? They keep saying the same thing month every 6 months about needing paperwork that they have been given. Its just a computer message that they repeat? I say the same thing I sent you time time again and resend.I have submitted book binders of medical documents from active duty to include my Army medical records and medical disability board & Social security determination. I have complete LOD's done for 16 diffrent disabilities and injuries.

Why would I submit a appeal when I never got a decision? I have had my P&C over four months ago at the VA, So when was there a decision made? My address is correct and on file,I gave them book binders of my records.They booked me for numerous follow up appointments I have had 29 diffrent follow up appointments to date. And many many more added by the VA? I have been combat wounded X times documented and VA has my DD214? I was already diagnosed with everything prior to leaving active duty so this is I have submitted all copies of SMR's and have USPS certified confirmation that they have it. I have been seen by 10 additional civilian doctors outside of the military and VA and have been hospitalized due to my conditions.

I have no control over what the VA side of the house as sent them I know when I speak with the OIF/POC she called them directly and I am sure they know each other well. This sounds like a mess of botched paperwork and someone not correcting errors. I cannot at this moment understand something so simple for them to do and follow that is so screwed up.

The person on the phone stated that I needed to write them a letter ? I am so confused this sounds back wards as can be. How and what do I say? Thank you so much for your support below are my injury claims

NY Steve

Traumatic Brain Injury (blast trauma)LOD

Post cuncussive Syndrome (LOD)

PTSD (LOD)

Chronic Cluster Migraines (LOD)

Hemiplegic Migraines (LOD)

Balance Disorder (LOD)

TIA/Right side hemi/weakness (LOD)

Seizure Disorder (LOD)

BI lateral hearing loss ( HEARING AIDS ) (LOD)

BI Senor-neural hearing loss & Tinnitus (LOD)

DJD Trauma lumbar spine / Herniated Disks L 4 L 5 (LOD)

Thoracic Spondylosis blast Trauma T2 to T 6

Multi Disk herniations C-5 & C - 6

Merlalgia Parestetica (right Leg) (LOD)

Sleep Disorder

Bi Lateral knee injuries

Chronic Bi Lateral Atelectasis ( lung Damage) (LOD)

High Blood pressure ( pending )

Steve,

When VA "closed out" a claim that means the appeals period ahs run without the veteran submitting a NOD or after a veteran receives a SOC or SSOC does not submit the VA Form 9 to continue the appeal. You also said the VA told yo they're waiting on you 'info.' So something definately doesn't sound right.

Does VA have ALL of your SMR's, treatment records from Walter Reed, and the VAMC?? Just because you were seen at the VAMC does not mean the Regional office knows about this. Also, your records from Walter Reed are what is called clinical (impatient) records and are NOT kept in your SMR's. They are kept seperately either at the treating facility up to, I think, anywhere from 2-5 years after the treatment and then they are transferred to St. Louis and are stored by facility. You need to tell VA this if they are not aware of it yet!

If you could give us a little more info, then it would help us a great deal to try and advise you of whats going on.

Vike 17

[Berta]

Gee- this sounds like the Buffalo- both NY VAROs are awful sometimes-

I suggest Senator Schumer too-

Did you have a service rep?

Was it NYSDVA?

Something is definitely wrong here-

Director NY,Ny VARO Joseph Colorafi VSCM 1-212-807-3420

AVSCM Joe Corretjer 1-212- 297-3232

I also suggest that- if the info they gave you was correct but you have waited all this long-

to file a formal complaint with the VBA and also the Task Force QWOT

by mail or send an Iris inquiry and make it a service complaint, attention Deputy Sec Mansfield.

[SLEDGE]

I just hope you saved the originals and sent them copies.

This looks like a case where somebody has not met their quota, saw how extensive your claims are and said;

"Holy S--t, I ain't gettin tied down with this mess."

Then they send you something stupid that makes no sense at all, knowing that the file will go to someone else when it comes back.

In the meantime, you get an anxiety attack, they get praised for pushing more paper and the Senator gets to score points for helping a combat vet.

The stats look great, what's the problem?

sledge

[Hoppy]

NY Steve,

A similar thing happened to me. I kept going to the RO and asking what was happening on my angioedema claim. I went in every three months. They kept looking at there computer screen and telling me different things. They told me I had a claim at the BVA for my knee and they could not work on the angioedema until the file got back. After two years went by a guy at the desk in the RO looked at the computer got up and went to a file room. He came back with a single envelop addressed to an old address that I had changed three years earlier with a decision (denial) letter that had been sitting on the shelf stamped return to sender and unopened for two years.

My claim got really screwed up becuse the guy told me to re-open the claim with new evidence. I should have filed a form 9 within 60 days of the time the letter was handed to me over the desk at the RO with a letter I recieved from the RO showing they were working on my claim a year before the decison was sent that had the updated addresss on it. Would you believe the letters they send out saying they were working on the claim went to the right address then a year latter they send the decision to an old address.

Latter, I recieved another decision from the VA that actually had two decisions in the same envelop. One was mine and one was to some guy I did not know. Can you believe the clown that was stuffing envelopes put two decisions into the same envelop. I took the other decision to the RO and gave it back to them.

Consider that the RO sent decisions to the wrong address. Lost medical records sent to them by the VAMC, made two denials based on false objective standards of law and factual errors. They said they reviewed the SMR. They told me I was not treated in the military for conditions that would have jumped of the page if they had read them. I had to submit copies of my treatment records from my SMR that they failed to notice when they read my SMR and copies of treatment records that the VAMC showed me the signed reciept from the RO employeee who picked them up. The RO said the VAMC did not respond to their request for the records.

It took 7.5 years to adjudicate a claim that was a slam dunk and I eventually won without it ever going to the BVA. I got 6.5 years of retro when all was said and done. I was homeless living on welfare and SSI while the RO did every thing the could to screw up my claim. All my SO who worked at the RO as a rating specialist for twenty years could say was that the level of competence at the RO was at an all time low. He said he would fight my claim all the way and help me get an attorney if it went to COVA. Fortunately, they finally found some employees at the RO with some brains.

Sledge,

Your explaination makes the most sense. The guy probably saw a file a foot tall and some weird disease (angioedema)he never heard of and just started writing denials so he could say he worked the claim.

Edited May 12, 2007 by Hoppy (see edit history)