Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Burden Of Proof...

Rate this question


notime362

Question

:lol: I have filed claims for PTSD and Tinutis on March 3, 2008. I've given them all the documentation they asked for, and even had a C & P exam for Tinutis this past November. I called in December to see the status of my claim. I was advised it was before the Review Board, and should hear from them shortly. I was even getting excited.... Today, I receive a letter from Montgomery stating they need copies of my treatment records from Vero Beach CBOC/West Palm Beach VAMC. My question is aren't all my VA files available to them throught their own computers? Would it help to ask the main office at Birmingham on my visit tomorrow?

Things turn out best for those who make the best of the way things turn out....Jack Buck

Link to comment
Share on other sites

  • Answers 21
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

What they are saying does not make sense since all records are computerized, unless you have records from long ago that are not in their computer system. You need to go to the local VARO and ask them what the heck is going on since if you get the records yourself they may not accept them. I would go and try and talk to a human being at the VA.

Link to comment
Share on other sites

  • HadIt.com Elder

"I would go and try and talk to a human being at the VA"

and, if you can't find the human being, just talk to one of the regular employees............

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

:lol: I called Montgomery on the 800# they furnish. I finally get through, and ask the guy what gives what the letter I received. He pulled out the copy from the computer, and tells me they are waiting on reports from Florida. It says I have 30 days to make the necessary info availabe to them. When I questioned him that all the info they need is in my VA files - and they have total access to them, as any other VA Dr. does - He said he knows that, and I don't have to worry about further info. It was a polite way to say the claim is still be worked on. This must be my 5th letter to advise me of this. Just when I think I'm so close.... March 3, 2008 and still waiting to here "yea" or "nay" at least

Things turn out best for those who make the best of the way things turn out....Jack Buck

Link to comment
Share on other sites

  • HadIt.com Elder
#1 -- Don't believe anything the 800 # tells you.

jmho,

carlie

The staff that answer the 1800# has very little experience and no real access to information. Its a waste time in most cases.

Link to comment
Share on other sites

:lol: I have filed claims for PTSD and Tinutis on March 3, 2008. I've given them all the documentation they asked for, and even had a C & P exam for Tinutis this past November. I called in December to see the status of my claim. I was advised it was before the Review Board, and should hear from them shortly. I was even getting excited.... Today, I receive a letter from Montgomery stating they need copies of my treatment records from Vero Beach CBOC/West Palm Beach VAMC. My question is aren't all my VA files available to them throught their own computers? Would it help to ask the main office at Birmingham on my visit tomorrow?

How far away from Montgomery are you? In dealing with these guys I would recommend that you respond in writing.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use