Reviewed C File Today.

[ruby]

I viewed my C-File and found some interesting things in it. It's too late to appeal. I think I am screwed.

Some things I am going to say won't make sense unless you followed my first post about a claim that was remanded back in 86.

Apparently, I have a BVA case that was decided in 1990, that I knew nothing about. I never recieved anything regarding this process. The last thing I got said until I did something this claim was remanded. So I thought.

Many things were incorrect, but I don't have the stamina to fight it, I am just to sick at this point to try. It's been 18 yrs now, I doubt I have any recourse at this point.

I did notice that no copies of this BVA denial were given to the DAV, as I asked if they were sent a copy. I was told no, unless its at the bottom of the page copy to.

Is that a possible due process error.

I was able to get some copies of the denial 20 pages only. I just don't feel good enough to look at them to see everything it says.

I went in to get a copy of my C&P exam, instead I got copies of this. I am totally blown away with this new fact.

Can you make another request to view your records again and get more copies. They told me it would be months if I ask for a copy, I just filed a new claim and I don't want to slow that down.

[ruby]

I read the denial, people just can't get what you say correct.

I highly recommend that you always read what the doc writes.

One of the reason's that my claim was denied back then is due to a idiot doc that wrote I said I fell into a ditch and I was treated with traction and hospitalized for a month.

How many times I have had to tell the VA, I didn't fall into a ditch, a car I was in on base went into a ditch and my neck was treated with traction for a month, I have the records to show that.-----I will never be able to fix others mistakes.

I never said I didn't have a myelogram,(someone is saying I said that) I said it wasn't for a back problem, while I have found something that indicates a ? back problem in some old records if my memory serves me right it was due to headaches which I claimed on my entrace exam.

I think from this point on I will type my doctor notes for them to copy, instead of them writing whatever is the f------g convienent for them to write. Sorry for the lanugage, I so frustrated with the incompetency that is pretending to be compete.

This is all primarily due to a single idiot resident.

Thanks for having this board so I can vent.

[ruby]

New question, how do you overturn this 1990 BVA decision.

Here is what they wrote on why they denied.

Discussion and Evaluation

Initially, the Board acknowledges that diagnoses of AS have been recorded subsequent to the veterans discharge from service, and that sclerotic changes involving the sacroiliac joints were radiographically demonstrated during service. We similarly note that, at entry into service, the veteran reported no prior hostory of a low back injury or disorder and that examination rvealed no abnormalities of the spine.

However, we note that clinical entries recorded during service noted evidence of a prior myelogran and subsequently, during a September 1980 hospitalization, the veteran related a history of a pre service injury that occurred when she fell and sustained some type of lumbar spine injury. She further related that she had been hospitalized for approximately one month and treated with traction, and that she had experienced continuing low backache sime that time. Thus, in our view the evidentiary record, viewed as a whole, demonstrates that a low back disorder, stemming from an injury prior to the veteran's entrance into active service with respect to the existence of a pre service low back disability.

Accordingly, we conclude that the sclerotic changes involving the sacroiliac joints during service, and the AS now diagnosed, are not attributable to a low back disability which was agggravated by service. Entitlement to service connection for a chronic low back disorder is thus not established.

I just applied for a change in DX from cyst to Hidrandenitis suppurtiva with reactive arthritis secondary to the HD. Part of my problems is the SI joints. Will this denial affect this new claim. Can that last paragraph be my saving grace without having to go to a BVA 5 yrs down the road.

Everything they are referring to is related to the neck injury while in service which is related to the 1 month of traction---the fall is from another incident in service where I broke my wrist or that's what I think broke my wrist or it could have been the car accident.

Everything is so twisted.

The rope I am hang by is getting shorter and shorter.

[rentalguy1]

I wouldn't try to overturn that old of a case. It would be next to impossible. I would gather as much new and material evidence as I could, through whatever means necessary, and then file to reopen the claim.

[71M10]

Ruby,

Point to consider, if the BVA decision narrative misquotes the evidence of record and your service medical records contradict what a VA doc wrote as medical history, I think there is room here for CUE. If the SMR's counterdicted the VA docs history/opinion it should have been weighed for probative value. If the decision and reasoning for the decision clearly misquotes or references facts that are not of record this should be cue-able. As painful or draining as it is you need to read that complete denial letter.

Another question to ask is what proof exists that you were notified? If you don't ever recall seeing it and DAV didn't get it, look for clues in the file that might indicate a procedural error. There might be proof in the file that you didn't get it or that they didn't mail it.

I would request a complete copy of the c-file regardless of delay. You need to know what is in there... it could impact the current claim.

I am a newbie here but have been pushing one form or another of government paper for 20+ years.

Best regards,

Tyler

[Pete53]

71B10 makes a damn good point. Thank you for your post on this thread as I also think that rentalguy1 is close to the mark.

So Ruby's dilemma is to decide if going back that far is worth her investment of time when she probably can win her claim now and than consider the CUE?

[ruby]

Tyler,

I am thinking it could be a cue as they admitted I was physically sound on entry to the service, but due to this one statement they said it proved I had a problem pre service and since I wasn't seen on active duty for this it didn't aggravate it. I have all my va records except this one. I know I never recieved it, and the DAV doesn't show they recieved it either.

While I would love back pay for 22 years, I just don't have it in me at this time to fight it. I am having the worse flare up I have ever had with my arthritis, hd and asthma its been three months now and I have only left my house to go to the doctors and I have missed 3 appointments to sick to try and find a place to park and walk to the building.

If they don't give it too me this time I will try and read up on how to do a cue. I would just go to a lawyer for this one, as it is too complicated for me.

I also have my old vamr's that are on paper not computer. I know how it happened and could probably prove it with reasonable doubt.

I will wait till I am feeling better before I take anything else on. The stress is making me worse.