Vcaa Letter: Questions?

[allan]

Back in Sept I recieved a VCAA letter asking me to answer specific questions.

In this letter it stated I do not have a current diagnoses of MS. That I was never diagnosed or treated for MS during service and that I needed to send them evidence to these questions ansd that I had 30 days to reply.

According to My SO I didn't need to respond to the letter. He claims it's just a VA generac VCAA letter and that I was way to specific with my reply. He said I typed it up like a lawyer.

I put the reply on a 21-4138, answered every question for in service MS symptoms, a current diagnoses of MS by Dr Bash in 2005, plus diagnoses of secondary mental issues of MS by two VA psychatrists, and a Nexus medically explained by Dr Bash and supported by service medical records. I've also been treated for MS with medication from my VA PCP and a VA psychiatrist since 2005.

I underlined everything I refered to as so a second grader could understand it and attached the evidence to it with my claim number on every sheet. Also sent copies to my SO.

I've tried sending it just to my SO and asking him to turn it in to the VA, but found out he doesnt do that. So I make sure the VA gets it from me instead of going just through him.

He said it doesn't look like the VARO listed Dr Bash's IMO and diagnoses of MS in the list of evidence or given it any weight since they claim I do not have a current diagnoses of MS.

My question is, are VCAA notices something we need to reply to, or just blow them off as unimportant generac notices like, "we're still processing your claim" and forget about it?

The way the VCAA notice read to me was, I better take it serious and give them everything they need in a reply within the 30 days or look for a denial ASAP. My SO disagrees.

Thanks for any replies and clearification on this.

Allan

[halos2]

Allan, You did an excellent job on your reply to the VA. Too bad your SO is not versed in the VA Regulatory processes...It is a shame you are getting the "typical run a round!" No one is exempt from the bs they put us through. Stay strong. We are always fighting on your side too.

[allan]

Thanks Halos and everyone that responded,

but just received the denial for MS and secondary issues in the mail and another VCAA for the issues they left undecided from last Feb 2010 and the C&P's they sent me for last spring.

Also, see six new claims I guess the C&P examiner said needed filed on since the issues were all in his report, they want me to send in evidence in the VCAA letter. I am currently receiving 20%SC for chronic residuals of a testicular mass surgery I had in service. They sent me for a C&P & the examiner noted an increase with chronic residual issues. They say this is being deferred pending sending in evidence that I had the testicular mass surgery in service they have awarded SC for back in 1997. They claim it is now a non-service connected problem.

I thought if the problem was chronic in service, that you did not have to prove continuity after service, but now they say I must prove I have had this continually since service. How about the fact they have been paying me for it for the last 13 yrs and it’s listed on my exit exam as one of the continuing health problems? Do you have to pass an exam for idiocy to work as a rater?

They finally acknowledged Dr Bash's IMO and that I have a current MS diagnoses, but omitted part of his nexus so it makes no since and to make it look like no in-service symptoms.

Service exit examination showed visual defect and hearing loss. The visual defect is fluctuating vision. They wrote in the denial that the entrance and exit eye exams showed 20/50 and left it at that to show no change. What they omitted in their statement was the exams in between that showed fluctuating vision.

Also in the denial they put down a "new" claim for vision loss and want me to send in evidence in the new VCAA letter proving it.

Here is another bone I’d like to pick on.

I was awarded SC for a shoulder injury in a car accident in May 09. They gave me a low ball rating of 10% without a C&P to determine the shoulder condition after it was remanded to them by the BVA.

After I filed a NOD, they requested a C&P and said it was to determine the shoulder condition

I had one in March 2010 and in April. Instead of making a decision in the June 2010 decision, the Sept decision and the Nov 2010 decision, it was once again deferred.

Can’t they make a decision on what they have before them and be done with it for once? There is no need to string this out since they have been sitting on the shoulder C&P results since last spring.

It’s deny everything you can first and delay what you know you’re going to have to award as long as you can.

These people need time limits just as they give us.

Thanks everyone for letting me get it off my chest. I know you all have your own problems with the VA’s tactics designed to drive us insane.

I will call my SO about this today, but can tell you now he will have no advice as my legal council to offer.

Decided to just turn the MS claim over to an attorney when I can find one in the Seattle area. Getting sick and tired of their stupid shell games.

[john999]

What I found out is that if an issue you are claiming is not in the VCAA letter then something is wrong. The VCAA letter should address all your issues.

[Gulfvet45]

I have always complied whenever the VA asked me for anything to support my claims.

Not sure about your VSOs advice at this point and not knowing why he feels that way. That is an interesting take on dealing with the VA. Ignore??

there are many cases where the veteran did hurt is case by not responding to the letter. they should always respond.

The VSO in this case is wrong he the vet should get a new one.