Reopened Old Claim 13 Years Old! Need Advice?

[Done wit this]

I have seen a State Veteran Counselor, He is the best in my area here in NY. We have got this claim filed and it is at the Rater now. The Rep tells it like this ,1st step get the claim- service connected- granted, and with the SMRs it will be granted. Then get my enemployability filed. Then if the VARO does not include the back payments in there decision ,Sometimes They Do,- File the CUE Claim. He The VA rep I have says its a CUE . He is supposedly the best around. Berta Knows Him Well. She has him for a Vet Rep now and is very happy about it. Now the Hard thing for me to do sit and wait.

My Hip is bad enough now that I cannot think about working.I went to a motorcycle hill climb today and it -My hip hurt standing up for more then 20 minutes at one time . This stinks and is very depressing I sure wish that the VA would have found the evidence back when I had first filed and I would have had the chance to get out of the construction trade before I ruined my left shoulder and now my hip. I would have been alot better off. Now I get to sit here at home and Wait for the 1st of what I think will be A three part journey with the VA process. And then after all this is done see if I can get the Hip connected also.The VAMC here in Bath NY has tryed a few things to correct this but it did not work . I guess with my rotten luck I'll end up with Surgery on that too. Why couldn't the VA find the records when I first filed it would have saved me a world of Pain and suffering. Now I sit and wait and feel Useless and Screwed over by the VA system.and wait for the VA to finish my Claim .and take there time doing it. This Site is a good place to vent and talk with others who understand and got screwed also. Today I hurt and could not do something I wanted because of a past VA decision to deny my claim when it was the wrong decision cause they left out the SMRs. I'll pay for the VA's mistake the rest of my life. No matter if I win this claim or whatever I still lost in the end my Body don't do what it did once before.

Macool :o

Edited August 20, 2006 by macool

[free_spirit_etc]

Glad your case was as good as it looked!

The research gets a little trying --as one decision cancels out another --and than another decision cancels the one that cancelled the first on so the first one stands.

The CUE might not be so much that they didn't get your SMRs - but that based on the evidence of record you SHOULD have got it back then (they presume that SMR recrods ARE evidence of record at the time of the decision -- even if they didn't have them -- because they should have.)

My nephew is oversees right now...and we keep telling him - DOCUMENT EVERYTHING! AND GO TO THE DOCTOR!! And make sure the doctor documents!!!!!!

And yeah.. in your case... even though it is a victoy - I imagine it feels like a very hollow one -- because it is too little too late - even when you get to pass go and collect $200.

Do you think it will ever reach the point where veterans are granted as many legal rights as illegal immigrants?

I hope so!

Wishng you a speedy case!

Free

[Done wit this]

In my original Claim decision it is stated on the decision that the denied decision was made without service medical records that proved the injury was service connected. therefor the claim was denied .I never appealed the decision, so as CUE says the SMRs are now introduced and are new existing evidence from that time that would have changed the outcome of my claim if the VA would have introduced them in 1st claim, thus making it a CUE.

But as you said I would have been much better off if the VA would have found them when I first filed. I would be in better shape . But the Veterans have limited rights and can't get help from Lawyers. This is a clear attack on our rights as Americans. These laws should be changed for our brothers and sisters bearing the weight of our countrys world decisions Today and Tommorro.

Macool

Edited August 21, 2006 by macool

[Guest frank]

dear veteran,I have opened my claim in 1949,again in 1978,my claim was for air force 46-49,in 1949 Idid file a claim,va never responed to this claim, i have no records no smr,only hospital progress report,to prove my hospital stay in japan 5 months,in 1978 I filed a claim again, for air force,this time va wrote back no records found,2 weeks latre I filled another claim,for air force and navy 52-56,again va did nothing,stated records, were in fire what fire? I wrote va about this quedtion,so called fire,was in 1973medical records were never in any fire,all medical records were lent out to vas,before fire,I 2003,I got full files from va I file I foundall records were there,I 1949 my letter was there, stamped by va,In 1994,Iwrote va for a penison that was granted for non, service ,connection,ACCORDING TO YOUR SERVICE RECORDS OF 1949,ANDEVIDENCE OF RECORD,so I took letter of 1994,and lclaim of 1978,and claim of 1949,and sent it to va under 3;157 A also my claimc of 1978, i filled under 3;157 A, because, I was in navy,52-56 on 4 -25-52, the wasp sunk the hobson,179 men were lost in 4 mins,I watched the ship go dowm,va granted me 100% ptsd in 2003 with no hospital or injury, I filer a appeal for that ,under 3;157A,va failed to check my navy records,yo see I had a stressor in 1952,I might add all the records came from va,I also have addition medical proor c&p 1994,plus rading of 1993,stating to re-opsn claims s/c for air force ,exposed to rsdidation set up exam,va did nothing,without help getting my records,I could prove nothing, before you file a cue,think again,because va might have different smc on you then they will turn cue on themselfs,I would not thke that chance, frank

[Done wit this]

dear veteran,I have opened my claim in 1949,again in 1978,my claim was for air force 46-49,in 1949 Idid file a claim,va never responed to this claim, i have no records no smr,only hospital progress report,to prove my hospital stay in japan 5 months,in 1978 I filed a claim again, for air force,this time va wrote back no records found,2 weeks latre I filled another claim,for air force and navy 52-56,again va did nothing,stated records, were in fire what fire? I wrote va about this quedtion,so called fire,was in 1973medical records were never in any fire,all medical records were lent out to vas,before fire,I 2003,I got full files from va I file I foundall records were there,I 1949 my letter was there, stamped by va,In 1994,Iwrote va for a penison that was granted for non, service ,connection,ACCORDING TO YOUR SERVICE RECORDS OF 1949,ANDEVIDENCE OF RECORD,so I took letter of 1994,and lclaim of 1978,and claim of 1949,and sent it to va under 3;157 A also my claimc of 1978, i filled under 3;157 A, because, I was in navy,52-56 on 4 -25-52, the wasp sunk the hobson,179 men were lost in 4 mins,I watched the ship go dowm,va granted me 100% ptsd in 2003 with no hospital or injury, I filer a appeal for that ,under 3;157A,va failed to check my navy records,yo see I had a stressor in 1952,I might add all the records came from va,I also have addition medical proor c&p 1994,plus rading of 1993,stating to re-opsn claims s/c for air force ,exposed to rsdidation set up exam,va did nothing,without help getting my records,I could prove nothing, before you file a cue,think again,because va might have different smc on you then they will turn cue on themselfs,I would not thke that chance, frank

I hope that the VA does CUE themselfs but I also don't think they will CUE themselfs. I have heard of that happening. I'll deal with the VA for as long as it takes. As for SMRs I beleave that the VA covers things up on vets to save $ money. Hoping that some Vets move on and never look back, and I'm sure some do. I did myself for many years .Put my head up and Drove On.

So it works for the System to save $ Cash and I would bet more then Half the Claims that they wiggle out of,Vets go on and never look back so it works for the Goverment. Veterans are proud hard working people most like myself don't want help from anyone for anything.The Goverment is smart enough to capitize on that Fact. America's Best, most loyal and Proudest People.

[Guest jstacy]

Macool, Your claim is similar to mine. I filed back in 1994 for a neck injury resulting from two personal assaults. The VA did not get the service records or service medical records until 1998 when I applied to re-open. The vermin still denied it. I reopened again in 03 and finally was awarded Direct Service connection.

The main case is this, Prior to 2000 before the VACAA came into play, The Va was allowed to do this for it was then the Veterans responsibility to provide all evidence to get a claim approved. After the VCAA, It is not the VA's burden to ensure service records or other records in the control of the government are found.

The issue is that it is a 13 year old claim. I filed a 12 year old cue last year on the same type of evidence that you have.

Something that may help is a proposed regulation pertaining to effective dates Rin AR-0015. It seems to benefit Vets in our circumstances but the drawback is I have not heard anything about it since last year and I fear the VA may have made it disappear.

I wish you the best of luck and it may be necessary to file the cue claim as well as another claim and ask for an effective date of the original filing date.

Edited August 24, 2006 by jstacy