Re-opening File Question

[sbrewer]

My husband is 10% for depression and has been since 1980. He was also on TDRL and when that ended they kept his VA check until that was paid back. He found out today that the VA had his info under the wrong social security number. Can he re-open a his claim from 1980 and if so how does he do this? If there is an increase would they owe him back pay from 1980?

Thanks,

sbrewer

[brewers_2150]

Hi all, I am sbrewer's husband, and here is a summary of my case:

1977-1980 USAF –

1980 Placed on TDRL (Temporary Duty Retirement List) at 50% for Service

Connected Depression. VA awards 10% for same.

1980-1983 Received payments from the Air Force and VA, and went to College

for Vocational Rehab, and continued medical care at VA.

1983 USAF Ended TDRL with a lump sum payment and honorable discharge.

VA withholds their 10% payments until USAF lump sum is Recooped.

1983 Hospitalized for depression in a civilian hospital. I did not go

to the VA because it was an emergency.

2003 I notify the VA that I had not heard from them, and asked what happened? The said they “lost”

me, and sent a check for the 10% from 1991 to 2003. (I have lived in the same city from 1980 to

present) The VA stated that they had evaluated my case and would leave it at 10%.

Last week I asked the VA hospital for a copy of my records from 1980-1984.

They could not find them. I was called by ROI (Release of Information) and they said they did

find my records, but that they had been filed under the wrong SS#. (The digits had been

transposed).

Now, if the VA RO had contacted the VA Hospital in 1980-1983 for my records, the Hospital would not have been able to provide them, because of the error on my SS# in their files. With out the info from the VA Hospital they could not make a fair assessment of my case.

My questions are:

1. Should I not be able to have the case reopened, perhaps with an increase?

2. If the USAF said I was 50%, why didn’t the VA?

Brewers_2150

My husband is 10% for depression and has been since 1980. He was also on TDRL and when that ended they kept his VA check until that was paid back. He found out today that the VA had his info under the wrong social security number. Can he re-open a his claim from 1980 and if so how does he do this? If there is an increase would they owe him back pay from 1980?

Thanks,

sbrewer

[Guest Berta]

"1980-1983 Received payments from the Air Force and VA, and went to College

for Vocational Rehab, and continued medical care at VA."

"The VA stated that they had evaluated my case and would leave it at 10%." 1991-2003

How would those hospital records- even with the error-

support a higher rating from 1980 -1983- if the 1991-2003 evidence that VA used didn't?

Did you NOD the 1991-2003 10% rating decision?

[brewers_2150]

Hi Berta,

I'm begining to beleive that the VA did not have my records from 1980-1983. I checked with ROI again today, and told them that only my Dental Records were in the package I received yesterday. I told them I had been treated in the Mental Health Clinic, and asked if perhaps those records were stored seperately, or could not be released to me. ROI said, "No, this is all of your records."

I'm thinking that if they did not use my USAF or VA records in 1983, then they certainly did not in 2003.

No, I noticed the 1year time limit after it had expired. : (

Brewers_2150

[Hoppy]

The VA lists the records reviewed on the decision. Additionally, if there is only a general reference to records and no reference to the specific reports you think they failed to review, in the discussion, then I would argue that they did infact not have them. It is my understanding that this is the type of mistake that can get a CUE claim started.