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Burden Of Proof...

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notime362

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: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?
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They might not have those records from Palm Beach- do you have a copy if these records to send them?

Perosnally-I gave up on 1-800 #- after they changed the system, I have never been able to get them on the phone anyhow- (BuffaloRO)

I always suggest using Iris -the Contact us email system at the VA web site.

It might take a few days for them to response (or you can ask for snail mail letter) but this way you can print out the email response and hold them to it.

However even Iris gets all screwed up sometimes.

If you feel that the VA has all that you sent to them and you have copies of it all and proof of maling- you could send them a letter and refer to the "October Incident" (enclose copy of the VA fast letter at the VA web site) and ask them where your submissions of evidence are or if they have been destroyed or lost.

I raised the fast letter in an Iris to VARO some time ago and received 4 Iris responses as to sending them a formal letter as to my concerns.They ignored all of my legal evidence for my CUE claims.

My AO claim is set for decision in DC so I need to wait for that before I write to the RO-I dont want the files to get shipped back to Buffalo before a decision has been made in DC.

The VA has to address any correspondence from any vet or widow who feels that their evidence might have been misplaced or destroyed because of the shreddergate fiasco.

Perhaps the Iris email to them will get someone to tell you exactly what they have and what they dont have.

After sending numerous copies of my IMOs to the VA (all ignored) I asked the BVA for informal remand in 2006- I had sent the IMOs printed on the back of a letter to the director of the VARO at one point- and separately to the VSM.

I was shocked when the VA acknowledged the remand via Iris but stated that again my IM0s had never been received.

The BVA in a recent formal remand called their attention to the fact that these IMos were sent many times and still remained ignored.I made sure the AMC got more copies of them and also copies of any other critical evidence that might have mysteriously disappeared from the C file.

Sometimes I think VA is in cahoots with the PO system- they force us to spend a lot on postage sending to them what we already sent.

Edited by Berta
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  • HadIt.com Elder

I would do what you have to do to get copies of the records from the VAMC and submit them ASAP. I told the RO my records were at a particular VAMC. When I got my decision they denied the claim saying that the VAMC failed to respond to their request for records. They can always verify the records with the VAMC if they need to.

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:lol: Thanks to everyone for their input... My only question is - Can anyone explain what Iris means? I've checked FAQ, but it didn't have the necessary explanation. I don't have any idea how to use it, and I don't want to talk to local Vet Officer, because she isn't worth the space she takes up. Help again, anyone?
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:lol: Thanks to everyone for their input... My only question is - Can anyone explain what Iris means? I've checked FAQ, but it didn't have the necessary explanation. I don't have any idea how to use it, and I don't want to talk to local Vet Officer, because she isn't worth the space she takes up. Help again, anyone?

ok iris is how you communicate with various va departments you type in your

question compliment or whatever and they route it to the place that meets your

needs. i usually use ask a question ,also you can inquire about the status of your

claim.

Inquiry Routing & Information System (IRIS)What Is An Iris - hadit.com Veterans Forum

what i did was google "veterans iris" and got it ,on it you can submit a question check out the status of your claim and some more things. it is secure as i ...

www.hadit.com/forums/index.php?showtopic=22084 - 42k - Cached - Similar pages

Edited by skunk
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  • HadIt.com Elder
: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?

Greetings notime362 . In the letter from the VA you received on Jan 6th, did the VA say that they will get the records? Or are they waiting for the Vero, Palm Beach VAMC to send the records? Or are they asking you to provide the records? What about the C&P exam for the PTSD? Have you had that yet? Sorry for all the questions, I'm just jumping in here and haven't had time to read all your postings yet. Interesting claim, I would be glad to add my two cents to it. Cmdr. Bob

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Funny, but when I worked at the DVA, they had such a software that could locate Veteran files using COVERS and BINQ/SINQ.

Why are they asking Veterans for the records that they are supposed to maintain?

And they terminate my employment for filing under a protected group?!

Those dumb bastards!!! hahaha... :lol:

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