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?

[cvsp]

Berta,

I forgot to answer one of your questions. The Red Cross will not accept blood from people who served in the first Gulf War.

[cvsp]

Well I just got off the phone with the VA. I wanted to see about the OCtober Incident letter and the status. They had a lengthy phone announcement regarding the OCtober Incident and then said "press one" in to speak to a VA rep regarding the missing documents. Waited on hold for a while. Rep cam on the line and had no clue in regards to the matter. She did advise me to repoen the claim for reconsideration due to the missing SMRs and I got the form number.

Then I asked her about the medical records in the new claim. Seems that the VA did not receive the SMRs that the VSO had sent them nor the SMRs that I had personally handed to the doctor. I was told once again to send the SMRs in again. Another $30 or so dollars down the drain.

So far 5 copies have been either sent or handed to the VA. Should I try it again or would it be better to go the the VA myself and submit them to the c-file?

[broncovet]

I will offer my 2 cents worth. I would give the copies to your DAV representative and have him submit them. That way, WHEN the Regional Office looses or shreds them AGAIN, you can have your DAV rep

"officially" resubmit them until an honest VA employee handles your claim. It will probably take at least 5 or 6 resubmissions.

Since you passed the one year denial appeal deadline, you have no choice but to allege CUE. However, I think that shredded documents will eventually be a basis for CUE, if they are not already. IMHO

Shredded Documents/lost documents = CUE.

[cvsp]

bronco,

I am not sure my documents where shredded just mishandled. Then again if they were never officially "received" then I would only assume that they were shredded. I think it is a crying shame that I have to send the registered mail to a government agency. I do not think that I need a CUE at this point and just fill out the Claim-for-Reconsideration and have the original claim opened as it has no time limit. I am thinking I am going to go that route this week.

I surely wish I still had the local VSO. She was great and shielded me of this BS.

I will do this much though if I do the claim for reconsideration. I will note that I am sending a copy to my Senator.

Although this might all be water under the bridge as the VA phone rep claimed that there was no records of my SMRs in the second request yet, despite the VSO sending them in last year and me handing them to the doctor! I can only assume the worst; that being the case is most likely being rated and should be easy to deny as the SMRs are not there. I am 99% sure that the report that the doctor who did the C&P exam will mention the SMRs in her report, yet I will still get a denial for missing SMRs.

This is depressing.

[Berta]

I am concerned here- did you file a NOD within the year after the decision?

Or do you still have time left for NOD-or a Reconsideration request?

"I do not think that I need a CUE at this point and just fill out the Claim-for-Reconsideration and have the original claim opened as it has no time limit"

WHat kind of claim has no time limit?

You are right about the Fast letter Vaola- they have been pressured into handled these claims under the Fast Letter- but really dont have a clue-I think that will change-

If your reps were supposed to submit the SMRS -they should have copy of a 21- 4138 as prove that they did this-in the file they keep on you.

Every submission a rep makes to the VA in a veteran's behalf regarding a claim should always have a cover letter statement on a 21-4138 copy to VA and then to put into the claimant's file at the rep's office.

VA might ask for that and any other proof you have-that the SMRS were sent to them.

We must keep our proof of mailing certs and USPS tracking slips for whatever we send.

I always sent my rep Priority stuff- even though he is only 20 minutes away- to have proof that he got it as well as the VA.

[cvsp]

I am concerned here- did you file a NOD within the year after the decision?{/quote]

No I did not. I tried to hire an attorney as the mess was too much for me.

The fact that they did not have my SMRs allows me to file a "Claim for reconsideration" and resubmit the SMRs once again. That is what I am thinking of sending today. I did not know there was a time limit for a "Reconsideration Request". I was told there was not one.

I have the paperwork from the previous (now gone) rep that she did in fact file the SMRs.

I will surely take your advice about sending return receipt. Although costly I have learned it is a waste of time to send anything to the VA without such. A sad shame it is. Nice double standard there. The VA can send it regular mail and considers it law that you received it. Not so when I send something.