ptsd New Guy Looking For A Point In The Right Direction

[cvsp]

Well here it goes. I am looking for some advice and will try to keep my details short.

Iraq Vet that left the service in 97. At that time it was seriously advised that I file for disability. My medical records only contained injuries or illness due to my service (operated on knee, gunshot, chronic fatigue syndrome). Being stubborn at the time I refused. Continued on with civilian life albeit a struggle mostly due to the CFS and not so much an issue with the physical disabilities. The CFS has along with the normal symptoms also caused a miscarriage with my wife as well as resulted in numerous bouts of serious depression.

Fast forward to Sep 2006 and I gave in and filed for my disability. Went through the normal BS until I got a letter stating my AD medical records were destroyed in a fire in 1973 (I was 8 years old then). I sent them a copy of the one I had, yet they never received it. Numerous phone calls to the local VA were a nightmare. They continually asked me to send in a copy of the medical records. I sent in three copies and none were received. Last time I called the VA on this matter I was called a "clown" by a VA phone rep. This set me back and I shy'ed away from the VA. Of course I received a letter of denial due to no AD medical records available a little over a year later.

In Dec of 2007 I decided to contact a VA attorney. I was promptly told that I need to move ASAP as my deadline for appeal was approaching. Long story short it was a nightmare. I sent all the paperwork requested within two days. Then heard nothing. I called and called and was handed more excuses each time. Five months later this attorney had done nothing. I then sent a letter stating that I no longer required his services and requested my file be returned to me. I received the file and a letter of apology. Thanks to this attorney my appeal date had been passed over.

In June of 2008 I decided to use one of local outreach programs. Found a real nice rep who started a new claim and sent in all relevant documents This got the ball rolling. She even acquired all medical documents from three hospitals and sent them in along with a copy of the AD medical records. Things where going good until earlier this year. I walked into the VA outreach program and was told she no longer worked there and I was not able to use the program's services anymore as I was in the next town over (rural area), even though the sign on the wall said different. Astonished I left only to return the next day demanding my folder and records that were on file as I needed them. It was a terrible hassle but yet I got them.

In this file I found out I had an appointment for a "Compensation and pension exam". I went yesterday and found out the doctor had none of the medical records that were previously sent in. Luckily I had copies of all of them and presented them to her. The main focus was on the CFS which was reported on numerous occasions within my AD records, even a hospital stay with numerous tests while on AD. The meeting went well and I got the impression that the doctor fully agreed with the CFS diagnosis as it was rampant in my records.

Here are the problems:

The original claim filed in Sep 2006 was for CFS and PTSD (both documented via medical records). This was the one that was denied and never appealed.thanks to the jackass attorney who dropped the ball (Not sure what the policy is in this forum, but I will refrain from posting his name for now).

The second claim, filed by the outreach coordinator, I now learn was filed for depression and void of the CFS or any other claim. Doctor yesterday seemed positive that the claim for CFS was obvious and no real discussion in regards to depression took place/

I left with a pretty good feeling yesterday. Now I am concerned that the second claim for being for depression and not CFS will screw me over. The original claim was for CFS but not the second. I have a strong feeling that the lawyer that screwed me over with the delay and excuses and missing my appeal is really going to screw me over.

So that sums it up. I am trying hard to be more proactive at this and would like any advice as to where or what I should do next. I think I need to attack this from two angles. One regarding the effective date ? Two amending my current claim?

[Berta]

Oh-OK that clarifies what you meant-

you are right- I think you sure have time for this-

there is a template I posted here as to making a formal Consideration Request under the VA Fast Letter -08-41.

I hear you on the postage- I have paid for 53 tracking slips and postage so far for my AO claim-I even filed a FTCA claim due to this and other costly evidence that the VA destroyed.

Whether they might have lost it, mishandled it or made paper sirplanes out of it- I feel any vet or widow whose evidence was never listed and considered by VA -can formally charge them with destroying it.

The results to the claimant are the same so it doesnt matter how they managed to ignore it.

[cvsp]

Berta,

Thanks again for the help. I just got off the phone with the VA. First rep pretty much hung up on me second one was useless but the third time was a charm. He sent off some requests to the local RO asking if my SMRs where in fact in my c-file. He also made a note that I needed to be contacted regarding the status of my SMRs. I.E. That the RO knows I have the originals and can provide a copy if needed. He did mention that there might be an issue to the RO in regards to the validity of the copies without having the originals. It was suggested that I send the originals in, but I know better then that and he seemed to agree.

I do have a question regarding "fast letters". I see it mentioned but cannot find info on exactly what a fast letter is. Is it the same as filing a 21-41-08? Or something that provides a benefit over just the form?

Hats off to you and the FTCA claim

[broncovet]

Whether your documents were shredded or mishandled nets the Veteran the same result.

I think Berta is right. The VA is in cahoots with the post office. The VA shreds Veterans evidence and the VA/Post Office know that the Veteran will spend more money on post office/ certified mail to try to keep it from happening again. It generates revenue for the Post Office.

I liked your "double standard" idea. The VA looses Veterans paperwork, then denies the claim for lack of evidence, blaming the Veteran for the VA's inefficiency/fraud.

Did you ever notice that the VA charges interest whenever we owe them money? If I owe $48 for co pays on drugs, I get charged interest until I pay it. Why then, do they not pay us interest on money they owed us, sometimes for years?

[cvsp]

bronco,

How about a vet claiming that they never received a denial letter so denial date is noteffective? What goes around comes around?

On a brighter note. I was truly upset at the first call I placed to the VA today and the rep pretty much being disrespectful and hanging up. After the third call, which was helpful, I went to the IRIS sight and complained. Within 2 hours a got a message from IRIS stating they would try again later. Hour later I was called. Rep was apologetic and said a report had been filed to the reps manager. Seemed real nice. Just hope the complaint is effective and just not eye candy.

[broncovet]

Great idea CVSP!

If the VA can deny us based on "non receipt of evidence," then we should likewise be able to virtually extend our 1 year deadline indefinitely, based on "non receipt" of denial letter!

If they can loose our evidence with no consequences, then we should be able to loose their denial letter!

I would just love to get back at em, with a letter something like:

"The Veteran has no record of your alleged "denial letter". Please resubmit. Failure to resubmit the denial letter in a timely manner will result in VA employees pay being "docked" the way Veterans benefits are "docked" when the VA looses our claim information.

Edited March 10, 2009 by broncovet