Airborne

[pacmanx1]

Pete,

I will check with my ROI again just for kicks. It was not an issue that I thought too much about.. there are bigger issues at the VAMC.. what I really needed at the time were MRI records, but they would not release any records that were even part of it..

I actually believe legally they can hold your records, that are part of evidence, until they decide the claim. After all a claim is a legal action against the VA. The FOIA and right to records exists at all levels of the federal government, but it is not instant access, nor unlimited.

. . You have split this point correctly, and it is a key point. I have seen it echoed on this board over and over that get your claim file and c&p results right away.. But really there is no point until after your decision comes back. People don't want delays, yet they do everything possible to create their own delays. ( I actually tried to get my claim file while it was being decided, and the VARO told me exactly what I needed to do.. But they warned me, it would add a 5 month delay. )

I understand you have a strategy, and you know the system.. I had a strategy even before I let my wife file the claim. And my strategy worked. I have not filed claims I should or could, but I will in a few years if I have too. Luckily at my VAMC they have some highly respected docs in a few areas, that diagnosed me, and the C&P docs just took their findings.

I agree that most of my SC ratings comes from the C & P doctors accepts my VA doctors opinions so I am very lucky. I just got a copy of my latest MRI which is pending SC. My C & P exam was on June 19, 2009 and my VCAA was not due to June 26, 2009. I wanted to wait and send in the new evidence so now VA should review it and request another C & P or return it back for a medical opinion on the new evidence. I know it will delay my claim for development of new medical evidence but I am OK with that. Getting a copy of your MRI report should not delay your rating and the VAMC should process your request. If they don't try going to the patient advocacy office, and tell them the ROI refuse to give you a copy of your MRI report(S).

Edited July 2, 2009 by pacmanx1

[airborne18]

I agree that most of my SC ratings comes from the C & P doctors accepts my VA doctors opinions so I am very lucky. I just got a copy of my latest MRI which is pending SC. My C & P exam was on June 19, 2009 and my VCAA was not due to June 26, 2009. I wanted to wait and send in the new evidence so now VA should review it and request another C & P or return it back for a medical opinion on the new evidence. I know it will delay my claim for development of new medical evidence but I am OK with that. Getting a copy of your MRI report should not delay your rating and the VAMC should process your request. If they don't try going to the patient advocacy office, and tell them the ROI refuse to give you a copy of your MRI report(S).

Well my patient advocate is worthless. I just go to the supervisors. I had a new clinic open within 5 miles from house and they said I could not go there, and the waiting list was years until I got in.. There are alot of retired in my area, so alot of elderly vets go for the cheap medication. But they are not service connected, just fall under the GMT and are in group 8 or 7 or whatever.. I went to the patient advocate and she just gave me a line of b/s, and smiled and said have a nice day...She didn't make a single phone call, just was the goodwill ambassador for the hospital. The real issue was that I could not get travel pay because they opened this clinic..

So I went to the supervisor of enrollement and complained.. And I got into the clinic that day.

It is good to hear that it was just incompetence at my ROI and not something everyone deals with.

Question for you is this, if they are VA records, the raters and c&p docs will get them anyway. Or is that not the evidence you are forwarding to them?? . And maybe it would not trigger an actual c&p, it might just get passed along to be reviewed by your C&P doctor. Is it evidence to prove the nexus of the claim or to prove the level of loss?

Either way my C&P doc told me that it the turnaround is about 3 months from the date of the C&P. I had quicker turnaround then that, but the secondary claim was fully developed by the time I filed for it..at least for the most part.

I basically did a real simple first claim, just to get the service connection for the issue that was clearly documented.. ( i had evidence from my SMR ). and that I had a complete treatment timeline from the day I ets'd to the present date. Then I had to work on the other issues later. It is a psychological thing, getting your service connection. Once you get it for one thing, then the other claims are not as intense, just waiting.

I think as long as the veteran undeerstands that sending in paper X creates another 60 day delay in their claim, that it would help in alot in the public relations side of the VA.

[pacmanx1]

In my case I have several direct related service connected disabilities and several secondary. My clams now are for a direct injury and two secondary conditions. Reference to my injury the C & P doctor did not give an opinion but stated the already known facts, but the new evidence is my latest MRI that shows I have a bulging disc in the upper part of my spine where I fell on in the military. As for the two secondary conditions the C & P doctor says they are related but not to my claimed condition. In other words he feel they may be service connected but not to the current claim I am trying to win. The evidence I have is not VA, just research I have of the relationship of my disorders. Basically, problems with my neurological system is causing problems with my respiratory system. VA accepts medical research as part of evidence linking connection to disorders but I think, once they review this evidence they have to request a medical opinion to verify or refute that it is actually related to the individual's situation. Or VA can award service connection based on the over all condition of the veteran. This is a remand so if they deny them, It must go back to BVA and they will either uphold their decision or remand it for a medical opinion. I know this may take a while but I have been waiting since I filed.

Edited July 3, 2009 by pacmanx1

[airborne18]

I spent monday at the VA and never got to the ROI... Though I did see my records on computer during one of my appointments and noticed that my last C&P in march is restricted.. I assume it is because it is a MH C&P.

If you have a bulged disc and peripheral issues from the nerve damage, get an NCV/EMG study.. strong evidence.

I have alot of neurological problems so I understand your situation. Sounds like your Neurologist at the VA is not helping your case too much.. I am fortunate, my neurologists are excellent and have at least been sympathetic with their diagnosis and have helped my claims.

Good Luck and let me know how you make out.. Sounds like you could be facing a year or more

[pacmanx1]

I think I stated somewhere that my situation is unique, I have a VA rheumatologic that is treating and helping me. my service connected fibromyalgia can also be aggravating my spinal injury but this is not part of my current claim. As for medication/operation there is nothing they (Neurologist) can do. Medication does not help my pain and my condition is not operable. My neurologist told me about six years ago I just have to live with the pain. My rheumatologist told me that there is no magic pill for me. He has tried everything but the medications he has prescribed me makes me sick and I end up in the hospital because my body can't tolerate them so I am stuck. My claim is currently at the rating board.

[john999]

I wish these doctors who tell you that you just have to live with the pain were suffering like we do. I interpret this doctor's statement as he does not know how to help you so he tells you to suck it up. Let him suck it up or suck something.