Claims Denied

[Capt.]

Well, lets see my cfile went to the rating board on April 1 at 1800 hrs in Jackson Miss. I sent an Iris inquiry on Friday just to make sure it did and they had already reached a decision on it April 4. DENIED ON ALL CLAIMS.....so here we go thru the process. I am waiting on the official word from the letter that is coming. They could not even look at the first page on my cfile in 3 days. Tells you how well they read or the lack thereof. Now comes the fun and games. APPEALs, NOD's whatever.I am not sure what I want to do at this point. NEVER GIVE UP. God Bless, C.C.

[rentalguy1]

I went back and breifly read some of your old posts to figure out what has happened here. I am still not totally clear, though. Did you file for residuals of chemical exposure, and everything secondary to that, or did you file to re-open a back claim and everything secondary to that? Or, was everything stand-alone claims?

[Berta]

Bill-I am surprised they even told you via Iris that the claims were denied-they usually never ever do that-even at the 800#-

still the decision when it comes will tell you exactly why they denied and how your evidence was weighed-

sounds to me like they didnt even read it at all-

if you have a vet rep they might have more info on this at this point-

I assume that when you got a VCAA letter you were able to send them everything they said in that letter that they needed.

I had a situation yesterday where a vet was trying to get my phone number from the radio station and of course they cannot give it out-

and then -long story-but I found out that the vet's reason for trying to get it had no basis in fact-long long long story-

BUT I did check his claim at the BVA and it clearly showed that this vet had 3 or 4 IMos but NONE of them conformed to the VA's IMO criteria.

He had the AL on the brief and even the AL did not advise him as to what these IMOs had to cover.

It was very easy for the BVA to deny by stating the VA expert had assessed all of the veteran's SMRs and medical records-whereas the IMo doctors didnt.

These were IMOs probably from family practioner doctors who the vet knew.

I dont know if you had IMOs or not- the criteria here at hadit must be followed-

and I am adding that-if anyone is getting an IMO for any mental disability at all- to get the IMO doctor right off the bat to state that in their opinion you are completely competent.So they dont pull the same crap they are pulling on Josephine here.

You will know more when you get the decision and others here will help you understand what their point is-

Also-I assume you will be filing a NOD- the first part of the appeals process (unless the decision means you would be better of filing for a reconsideration-hard to say yet-)

and you have the choice to hire an attorney also since your NOD falls into the Lawyer for Vets regs.

[Berta]

Also they put my show archives up for the past 3 veterans lawyers I had on there at SVR Bill-

those shows give a good idea of how lawyers can help veterans-

Project Salute (lawyers for vets on wheels- the Mobile clinic)is Pro bono- no fee- but Prof Costello explained how they determine pro bono-representation-and Bob Walsh and Rich Cohen explained other details as to having attorneys to help a vet succeed.

If you dont consider a lawyer for your claim-at least try to get a good vet rep-

by the way-the vet trying to get my number from Stardust-to 'get help with getting a lawyer' after I did some checking- has the Cream of the Crop-NVLSP is handing his CAVC case -Pro Bono- as stated on the docket.

So obviously he wanted my number for some other reason-

But his IMos were faulty in the eyes of the VA so he will probably need an additional IMO from an expert in toxins for his CAVC case.

Hard to say- he has the best in legal representation as it is and I know NVLSP will advise him quite well on that.

There is a topic here available under the search "Getting an Independent Medical Opinion"

I have seen time and time again that vets had IMOs that did not conform to this and they lost their claims.

[Capt.]

Hello Berta and Rental, I understand that it is about a 50 page denial according to the Iris Rep I talked to. The back and hearing are reopens and they remain the same ...denied. The others are from chemical exposure and the Imo are specific and to the point. Even my records from Fort Greely show 6 uri's and such. The also refer to the discharge physical showed no complaints.....according to them. They also said there is no evidence. They also show in a progress report last yr that I complained of house fumes as to my chronic cough. HUH ,,,, which does not make any sense at all. They said the doctors nexis said there was no etiology listed other than specific chemical exposures and they said the house fumes were the cause not what was at fort Greely. I will have more when I get it in my hands, but it looks like appeals time. They literally do not want to look at anything but grasp anything they want to that shows up in the progress reports as being the etiology or cause. My Imos are excellant and to the point , very specific, "as least as likely as not etc". The material is specific. I even connected the dots and quoted the correct rulings and CFR's. Obviously they don't care so they spent 2 whole days and wrote a 50 page denial. I will wait for the denial and then try to start an appeal. NO , I AM NOT GIVING UP. Thank you all for your help. God Bless, C.C.

[gdsnide]

Hello Berta and Rental, I understand that it is about a 50 page denial according to the Iris Rep I talked to. The back and hearing are reopens and they remain the same ...denied. The others are from chemical exposure and the Imo are specific and to the point. Even my records from Fort Greely show 6 uri's and such. The also refer to the discharge physical showed no complaints.....according to them. They also said there is no evidence. They also show in a progress report last yr that I complained of house fumes as to my chronic cough. HUH ,,,, which does not make any sense at all. They said the doctors nexis said there was no etiology listed other than specific chemical exposures and they said the house fumes were the cause not what was at fort Greely. I will have more when I get it in my hands, but it looks like appeals time. They literally do not want to look at anything but grasp anything they want to that shows up in the progress reports as being the etiology or cause. My Imos are excellant and to the point , very specific, "as least as likely as not etc". The material is specific. I even connected the dots and quoted the correct rulings and CFR's. Obviously they don't care so they spent 2 whole days and wrote a 50 page denial. I will wait for the denial and then try to start an appeal. NO , I AM NOT GIVING UP. Thank you all for your help. God Bless, C.C.

Capt.

I had a VA Shrink say I have PTSD.. Chronic & Severe.

One of the things I mentioned was all these damn Missles we were carrying in our Well Deck.(Was on an LSD)

Well, as usual the VA said that we never carried any Missles while we were over there.

So, I managed to get an Inter Library Loan from the NAVY Dept. for a Cruise book for 1965 & it not only talked of the missles being loaded but showed pictures of them being loaded.

Needless to say they still denied it after I sent it to them & at the time I was not smart enough to get a Lawyer. To be truthful, I'm not sure if I even knew what a NOD was.

But, thanks to everyone on hadit ( Especially BERTA) I have gotten a little wiser.

But, I still send questions to her all the time. HA

Oh ya, if you filed in 2,007 you can get a Lawyer after first denial. I had to wait thru a denial at the BVA.

Remember, the only way you lose is if you quit so jump thru all the VA Hoops & what ever else they throw at you.

GOOD LUCK

GARY gdsnide@hotmail.com

[Capt.]

Hello Gary, I may end up with PTSD before this is over. The VA has literally denied everything with really no medical evidence. Yet I have the documents and the appeals will definitely come. Oh yes the Jackson, Ms claims dept. and its comrade beureacrats name is Carol Sullivan and she will be mentioned by name in my appeals as using the word "confusing" as describing my claims file to my VSO. I am sorry but I have little good to say about any part of the VA and that now includes the doctors as whatever they write in the progress reports will be used against you. Including the false stuff especially. I will always listen to Berta and use her advice. Thats how I have gotten this far. She is very wise to the VA and their shenanagans. I am in this for the long haul but hope my health will go with me. I cannot find a lawyer and I have tried so I wish if there is a lawyer at Hadit please take my case. I have tried and there is only one here in Texas listed from Hadit and she knows me but is so overworked that I do not know if she can take my case. Thank you all from Hadit for the encouragement and I will keep you posted on future events. NEVER GIVE UP. God Bless, C.C.