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Service Conection


schauba

Question

I was in iraq and suffered from chest pain and shortness of breath. When i went to sick call they treated me as muscle pain i told them that i think i have asmha. I am out of the military and i have asmha but they denied my service connection because of nothing in my medical records. What else can I do?

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  • HadIt.com Elder
File the claim!!!!!! You didn't lie. The question was "do you have asthma?" You were cured as far as you were concerned. You hadn't had any breathing problems in 10 yrs. I'd file!! I don't think you are commiting faud and if you feel you are, ask an attorney. JMHO

I tried to find a copy of a current induction physical but had no luck. If the question was "Do you currently have asthma?" and you answered "No", then I'd file my claim. If the question was "Did you have childhood asthma", I might file anyway but I would attach evidence of full remission: lletter from Doctor or Mom. Maybe you have original copies of your enlistment exam???

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Testvet & Timetowinarac: Sorry I wasn't able to be up to answer your post after my last one. I would have let you know that I am still fighting the VA for SC, since in their wisdon, they changed my diagnosis from a mental disorder to a personality disorder, which they not only said it predated my enlistment, and theirby refuting the presumption of sound condition and that it was a developmental disorder and not compensable under VA law.

The original diagnosis was certified by three months of testing and evaluation by several different specialities so that a medical board could come to a conclusion as to what was wrong with me and it was trumpted by one short visit to a VA examiner, who was said to have changed the diagnosis, finding the original diagnosis in error.

I've spent off and on for 30 plus years to show that their is nothing in the records that states in anyway that the original diagnosis was in error, and the VARO continues to state that I have nothing new and material to add to support reopening my claim. That is why and because of what I have learned from this sight, to submit a CUE claim in order to get my claim acknowledged so it can move forward. So if I tend to give the benefit of the doubr in favor of this Veteran, I think I have the right to do so just as well as you have the right to disagree.

What I do have a right to say and you do not, is to start name calling and getting abusive with your disapproval of those who disagree with you on this sight. We prefer to agree to disagree in a cival manner and leave it up to the endevidual to decide if his claim it just, since all the enformation and help we give here is not just for the questionable claim, but for the fully rightous claim if the information on this one claim should help others as well.

It's not because of the few wannabe claims that is the problem we have to wait so long for a decision on our claims, it is the way the VARO play this game of delay and deny and delay further, hoping we will go away or die so they do not have to do their job right the first time. The VARO has marked everyones claim for denial, so the better we learn to play the game by what we learn here, the better chance we have of getting our claims approved and approved in the shortest time possible.

"BE NICE AND PLAY RIGHT" is what my parents taught me and I don't see how that hasn't changed, at least as far as this forum goes.

Jim S. :P

p.s. Sorry got my post replies mixed up, to whom it may apply?

Edited by Jim S. (see edit history)
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I tried to find a copy of a current induction physical but had no luck. If the question was "Do you currently have asthma?" and you answered "No", then I'd file my claim. If the question was "Did you have childhood asthma", I might file anyway but I would attach evidence of full remission: lletter from Doctor or Mom. Maybe you have original copies of your enlistment exam???

no sorry i don't have copies of my elistment exam. I came in the army did some time and then i got out. Because i was in a light infantry unit we always deployed so i got out and went to the reserve. Then after i caught my breath(was burned out) came back in the army, so i would have two enlistment exam's which neither i have.

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  • HadIt.com Elder

your SMR will have them in it I have mine from the Coast Guard in May 73 and the Army from Oct 73, the CG enlisted me then after I got to Treasure Island they decided I was to blind to stay in and I needed a hernia operation, O went home had the Hernia Operation at March AFB and was there when they brought the first of the POW's home. I had to get a waiver for my eyesight and the hernia surgery before I could enlist. But when I got my files from Saint Louis in Jan 2003 there everything was. So you shoul;d be able to see what it says when you get them.

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your SMR will have them in it I have mine from the Coast Guard in May 73 and the Army from Oct 73, the CG enlisted me then after I got to Treasure Island they decided I was to blind to stay in and I needed a hernia operation, O went home had the Hernia Operation at March AFB and was there when they brought the first of the POW's home. I had to get a waiver for my eyesight and the hernia surgery before I could enlist. But when I got my files from Saint Louis in Jan 2003 there everything was. So you shoul;d be able to see what it says when you get them.

ok i tried to get a copy of them from st louis but they said that the va has them? Have you heard that before. St louis sent me a letter saying they didn't have them.

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  • HadIt.com Elder
ok i tried to get a copy of them from st louis but they said that the va has them? Have you heard that before. St louis sent me a letter saying they didn't have them.

This is common. When you file a VA Claim, the Regional Office sends for your military records.

You need to send the RO a Formal Request in writing, asking for a copy of your VA Claims-File or Claims-Folder.

Specifically state: I request a copy of my full and complete VA Claims File. I make this request under the Freedom of Information Act (FOIA). Sign and Date your request.

Expext a delay, especially if they are still working your claim.

Keep a copy of all your VA Corespondance in a safe place at home.

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This is common. When you file a VA Claim, the Regional Office sends for your military records.

You need to send the RO a Formal Request in writing, asking for a copy of your VA Claims-File or Claims-Folder.

Specifically state: I request a copy of my full and complete VA Claims File. I make this request under the Freedom of Information Act (FOIA). Sign and Date your request.

Expext a delay, especially if they are still working your claim.

Keep a copy of all your VA Corespondance in a safe place at home.

ok i don't know much about the va so you have to explain. This formal request in writing can i write this on a blank piece of paper or do i have to do it on a special piece of paper. Do i make it out to the ro or do i need to find out this person's name.

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  • HadIt.com Elder
ok i don't know much about the va so you have to explain. This formal request in writing can i write this on a blank piece of paper or do i have to do it on a special piece of paper. Do i make it out to the ro or do i need to find out this person's name.

Yes, You can hand write it on a plain piece of paper ;-)

Send it to the VARO that's working your claim - - include your Social Security Number at the top right hand corner of your letter.

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Guest Namvet6567

Here's a sample you can use:

Insert date

Insert your mailing address

Town, state, zip code

Department of Veterans Affairs

Regional Office

Insert VA’s mailing address

Attn: Veterans Service Center

Re: Insert your Last name, first, MI

Claims file number

Dear Sirs:

Under the Freedom of Information Act (FOIA), I request you send me one (1) complete free copy, of any and all, of my claims file and records, including C&P exam reports and award decisions (sometimes referred to as blue sheets), in your custody, so that I may check them for errors, omissions and completeness.

Thanking you in advance, for your anticipated assistance, I remain . . .

Cordially Yours;

Insert your signature here

Insert your name here

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Nice touch- the blue sheets-- great idea----!!!

this is one of the BEST things any vet can do-get a copy of their c file.

I noticed something odd in my c file-(there was plenty I was surprised about)

One rating decision omitted any SMC consideration for the veteran -my husband-

This seems to be what they sent me-SMC not mentioned-

The copy of this same rating decision in the C file -specifically denied SMC.

I have a CUE on this matter and now I think-had I seen the real decision I could have NODded it long ago-

I did not realise, nor did my new vet rep, that the conditions under "NSC" were all Sec 1151s that should have had SMC consideration.

Has anyone else found this- you get something and it is a little different from what the C file has in it?

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Guest Namvet6567

Berta, you're the one that gave me the idea for the blue sheets. Years ago, they used to come with the decision but recently they keep them or if you request them, actually cut the signatures out. I've seen records with holes in them where the VA has cut them out. Employee safety, first!!!!!!

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  • HadIt.com Elder

WOW Guys, You mean you can actually get the blue sheets??? Berta, Nam Vet, did you get yours sent under FOIA???

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Not slang- it is the blue colored rating sheet that often goes to the NSO and then stays in the VA c file-

Nam Vet ---dear friend----

I think I got mine from the DAV-after they told me they couldn't release them-

By the way all- you can request a copy of your vet rep files-too-

Since the State of NY Div of vets affairs represents me, I made this request under the FOIA 5, USC 552 but I would think that since the vet orgs are mostly all chartered by Congress -a Privacy Act request/ under 5, USC 552 would get them too---

These records that your vet rep has regarding your claim might not help your claim but they could

help in some other way-

I get concerned when a vet rep files an appeal or a NOD for the vet on their PC and they fail to give the vet a copy of it-or they do it while the vet is sitting there and how could that really cover it all?

An NOD should be carefully prepared by the veteran-to challenge every single point in any denial letter and to call attention to any evidence they failed to address.

I tell vets, if they are not working- in many cases- when filing NOD for higher rating- to attach a TDIU form

too to the NOD and any new evidence that the VA has not seen yet.

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  • HadIt.com Elder
An NOD should be carefully prepared by the veteran-to challenge every single point in any denial letter and to call attention to any evidence they failed to address.

I tell vets, if they are not working- in many cases- when filing NOD for higher rating- to attach a TDIU form

too to the NOD and any new evidence that the VA has not seen yet.

Berta, I wrote a detailed NOD 1.5 years ago and am STILL waiting for an SOC. I might have written a one-sentence NOD and saved my detailed arguments for responding to their SOC?! I'd prolly be closer to a BVA appeal had I done it that way! What do you think??? ~Wings

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Berta, I wrote a detailed NOD 1.5 years ago and am STILL waiting for an SOC. I might have written a one-sentence NOD and saved my detailed arguments for responding to their SOC?! I'd prolly be closer to a BVA appeal had I done it that way! What do you think??? ~Wings

ok i went to that web site you gave me. The one to register for iraq vets and all i could find was this 1-800-796-9699 number to walter reed and nobody picks up. Is this what your refering to?

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WOW Guys, You mean you can actually get the blue sheets??? Berta, Nam Vet, did you get yours sent under FOIA???

Silver Wings: I was in the AF from 1984-87. Norton AFB and Comiso AS, Sicily.

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