Claim Question

[Guest jangrin]

I was just wondering when the RO recieves a claim that has multiple conditions (sent all on the initial claim), do they make a determination on the ones they know are service connected first and send out notification, or do they go ahead and send out a notice on each condition as they make their determination? OR do they hold back everything on the initial claim until they have made a determination on all issues and then send out notice. Also how long before a C & P exam is scheduled following filing the initial claim? Do they always schedule C & P exams? Thanks

Jangrin :D

[Railroader]

mssoup and foreveryoung,

We went to the VAMC today to see about getting the mental health records that were not included with the copies of the entire VAMC records we had requested. Well they didn't know why those wern't included with the full medical record, so the clerk is going to get the copies and call us to pick them up when there ready. It seems that the shrink has to personally OK any copying of mental health records before they are given to the vet.

ALso sent out the DD-215 request for updated 22-214. Also trying to get copies a SSA doctors reports to provide to VA for claim. I quess now we just wait for the copies and corrections to happen.

In the mean time, we are actively gathering evidence in support of my husbands claim with the VA, trying to line up favorble doctors and family and friend letters regarding husbands condition. Are there any sources for "sample" letters on the internet, helping to give spouces an idea of what needs to be said for the VA in supporting of the claim?

thanks,

Jangrin

If you click on Military Service Records in the little brown box at this site, you can request your records on line and it is faster than snail mail. After you fill all of the required info there is a place to print a copy and you sign it and send it by snail mail. It is for you to sign and send to St. Louis.

http://www.archives.gov/

Railroader

[mssoup1]

I guess some VAMC's have a policy regarding giving the veteran a copy of their mental health records, but the VAMC my husband goes to doesn't seem to have that problem. Any time we have requested a copy of these records from recent visits he has had, we had no problem in getting them right on the spot. The lady there that handles the copies for the group of veterans that my husband is included in is a great person. She has been so nice to deal with and we seem to have a good relationship with her. I have heard elsewhere that some of the VAMC's are fairly strict in giving out these records.

I don't know if there are any sample letters anywhere that would give you an idea of what you or your friends should write about your husbands condition. Our son and I both wrote letters about my husbands conditions. We started out with how things were in the past, then went on to the present and stated what we expected to happen in the future. Believe you me, we left nothing out. They wanted to know, so we told them straight up. Left nothing out. From some of the comments written in the decision letter, I feel that at least some of these letters were read. I did this on all of his claims that we had in. Each time I had to respond back to the VARO for some reason, I would write a cover letter, explaining the reason I was responding to them and then go into the same things all over again. I wanted to make sure at some point they had to read and comprehend what was being said. Each time he had a C & P exam, I would get a copy as soon as it was entered into the system. I would read the report and immediately respond to the VARO with what I felt was wrong with the C & P exam, and if I felt it was inadequate, I would request that he be given another exam by another examiner. I felt if I handled it this way, I caught the contents of the inadequate C & P exam early and could respond back to it before the VARO had a chance to deny his claim based on the inadquate exam given. This generally worked in our favor and saved us a lot of time in having to file a NOD until the VARO had all the infomation we could give them that we felt was good evidence. There have been times when my husband has been given a C & P exam and the contents was so off base it was unreal. By getting back to the VARO before they could deny his claim based on this C & P exam, my husband was rescheduled for another C & P exam. Some VARO's don't want you to get a copy of the C & P exam before they decide the claim because of what I just described. This gives them a reason for denying your claim and causing you to have to file a NOD based on the exam.

When sending in medical records, I highlighted the areas that I felt was the pertinent information that I wanted to make sure was read. This kept the VARO from having to read through a lot of information in the record which was not relevant. I always sent a cover letter and in that letter I would repeat the information that I had highlighted in the report attached and make my comments based on lay evidence. Can't hurt to let them see and read it twice. The more you can do to direct them to exactly what you want them to see and read, I feel the better off you are. The VARO is not going to read through reams of medical records, so you have to help them along a little.

Also, anything that you can send them without them having to request it will also help your claim move faster. I would send a copy to them of everything you feel is relevant to the claim, so they had all of the information right there in front of them.

I feel that one of the most important pieces of evidence you can have on a claim is having a doctor (VA or IMO) state that the current condition is related to their military service. Getting this, for the most part, can be taxing. Doctors have a hard time wanting to put this in writing. But, if you can get that, it is harder for them to deny your claim. Getting this opinion, I felt, was the most important factor in getting some of my husbands claims approved.

I know I added in a lot more information than you asked for, but I added this in the hopes that it may help you some. Sometimes keeping one step ahead of the VARO can save you time on you claim.

Hope this information helps you some. Good luck.

mssoup1

[Guest jangrin]

Dear Hadit Helpers (you all know who you are),

Thanks so much for all the guidance these last couple of days. We really needed some direction in where to even begin the process of helping ourselves. We have been reading the posts and trying to absorb as much as possible in the claims process, but never really had a handle on the first baby steps.

We feel alot better and we have a starting point. Thanks for all the form links and the teaching tools and informational web links. We have lots of homework now. But we have a better understanding of how the process works, and how we can help the process along.

We really appreciate all of you and the "hadit" website. I know we'll be needing more advice but it's sure reassuring to know you all are here, when we need a hand. Thank you again for taking the time out of your lives to help us.

Jangrin

[Berta]

Berta,

"VA is very good at manipulating some records to set up a denial rather than getting a good picture with ALL records-"

Are you meaning at the clinic level itself, or a the RO level? Just wondering, because it seems to me that in reviewing my husbands medical records, they have not listed his complaints when he has presented for his appts. I have been there for many of the appts. and listened to him tell the doc his complaints. The doc seems to be entering them in the computer but then....now in reviewing the records, they don't reflect what was presented at the time. Is there anyway we can give a history or a statement for a particular doctors visit to give a more complete and accurate picture for the records.

I am thinking that my husgand is going to have to hire his own medical doctor just to be able to give an accurate picture of his true medical problems. This is kindda tough when your not able to work and have no income. No wonder so many vets just give up.

Thanks again everyone,

Jangrin

It pays to ask the doctor to document all complaints.

Complaints are symptoms- and I know how difficult it is to reconstruct a disability that the VA docs failed to document symptoms of-

A private real doctor is often the best bet for an accurate medical profile-

this isnt fair- I know- but a private doctor might take more time to assess the patient better and they carry malpractice insurance (unlike the VA kind) and are more likely to record and follow up on any complaint that could be symptomatic of something more serious.

[Guest jangrin]

Berta,

You are absolutely correct. We contacted Dr. Bash yesterday to aid in nexus for both VA and SSD. I'm sure he will be able to help us, at what point he wants to get involved will be his decision of course. But we really felt we needed some help on "our side".

Also we have set up an appt with a private doctor to be able to document symptomatology and current unresolved medical issues. I think lots of times some things get put on the back burner because the more serious stuff is being attended to. Unfortunately, the VA claims process doesn't see it that way and it seems you really have to have your ducks in a row regarding every aspect of your health. Thats the way it should be but the sometimes it takes time to truly determine the extent of a persons health issues. You know something is wrong....but you really don't know the extent right away. By the time things level out and you have some answers ... somebody comes along and says there is nothing wrong with you. It is a crazy system for sure.

We just made the decisions to quit sitting on our hands and get more involved and take control of our situation. We may make mistakes, but at least we will know whats happening and won't have to rely on the SO for our non-information.

Thanks Berta,

Jangrin

[foreveryoung]

We just made the decisions to quit sitting on our hands and get more involved and take control of our situation. We may make mistakes, but at least we will know whats happening and won't have to rely on the SO for our non-information.

You made the right decision. No one cares about your claim more than you. With the internet at your fingertips you have the power.