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13 Year Old Claim From Kkmc Desert Storm


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Got A Question On how I can Get the VA to move Quicker on this claim.

This is what I've done so far. I filed a claim in 1993. It was Denied in 1997 after the NC VA could not locate my medical files from time served in South West Asia. I continued Trying to Locate this missing Records at least once a year. Now after all this time I have received these Records that Clearly state the Accident, day and time - 4 times in the files. I was seen 4 different times for the same thing. I have Reopened the Claim sent these files to my Regional VA Office in Buffalo NY the 1st week of March. Followed by many other statements from Docters and Employers telling the on Going problems I have had. They have received all this and still have not made any move on doing the right thing? The Original Claim was Denied Because of lack of evidence. No medical records from time in service to prove that it was a service connection Injury. This is why it was denied. Would not the missing medical records be all they would need to seal the deal? How can I get them to move on this? I am no lawyer but it sure looks simple.What can I do to get them to move on this? Help!!

Thanks for the help - macool

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I believe I would send the VA a certified letter requesting a hearing and review of all the information you have that proves your claim. Do a little research on the net under 38 CFR and find what may relates to your claim and use it.

Hope this helps.

38 C.F.R. 3.303(a)

General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran's service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

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I believe I would send the VA a certified letter requesting a hearing and review of all the information you have that proves your claim. Do a little research on the net under 38 CFR and find what may relates to your claim and use it.

Hope this helps.

38 C.F.R. 3.303(a)

General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran's service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

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Got A Question On how I can Get the VA to move Quicker on this claim.

This is what I've done so far. I filed a claim in 1993. It was Denied in 1997 after the NC VA could not locate my medical files from time served in South West Asia. I continued Trying to Locate this missing Records at least once a year. Now after all this time I have received these Records that Clearly state the Accident, day and time - 4 times in the files. I was seen 4 different times for the same thing. I have Reopened the Claim sent these files to my Regional VA Office in Buffalo NY the 1st week of March. Followed by many other statements from Docters and Employers telling the on Going problems I have had. They have received all this and still have not made any move on doing the right thing? The Original Claim was Denied Because of lack of evidence. No medical records from time in service to prove that it was a service connection Injury. This is why it was denied. Would not the missing medical records be all they would need to seal the deal? How can I get them to move on this? I am no lawyer but it sure looks simple.What can I do to get them to move on this? Help!!

Thanks for the help - macool

You Know You would think a claim this easy to see, that the Original decision was made without Medical files proving what I claimed back in 1993 that the VA would settle it .Instead of let it lagg on and on it takes no Lawyer to look at this and say we messed up give the man some help !! I've got 5 kids . I could not treat a dog this bad. I will Research the 38 CFR and see if this will help! I,ll tell ya what I'm getting a forced education on VA claims. but hey I,m a fighter and this is just another type of fight . I,ll try this ammo if this don't work I'll try something else Thanks for any help I can get!! :(

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Don't give up. You might consider a trip to the VARO to review your file with a Councellor and point it out so that they can make a more informed decision.

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Don't give up. You might consider a trip to the VARO to review your file with a Councellor and point it out so that they can make a more informed decision.

What do you mean by making a trip to the VARO? what is the VARO is that the Regional Office in Buffalo? I am new at this and I am learning , Would I need an appointment ? One thing I will Garentee you I won't give up ! 15 years since the Injury and I just came up with Medical files no time to stop thats for sure!

Thanks Pete you have to same name as my state vet counselor :(

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Macool

Way to go. You are correct call the VA 800 827 1000 punch 0 and ask operator to connect you to a VA Counselor Once you get them ask them for an appointment to review your "C" File. They should be able to give you appointment pretty quick. This would be your opportunity to show your stuff and review your file.

I guarantee that you will be surprised we all were. Reviewing a Veterans C File may be the most important thing a Veteran can do to speed things up and correct problems. You will not be left alone with your file but you can request copies on the spot.

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Macool

Way to go. You are correct call the VA 800 827 1000 punch 0 and ask operator to connect you to a VA Counselor Once you get them ask them for an appointment to review your "C" File. They should be able to give you appointment pretty quick. This would be your opportunity to show your stuff and review your file.

I guarantee that you will be surprised we all were. Reviewing a Veterans C File may be the most important thing a Veteran can do to speed things up and correct problems. You will not be left alone with your file but you can request copies on the spot.

-Great I will do this .I did not know I could .You would think that the state VA counseller would have steered me in some kind of direction .He himself looked at what I have and said this was pretty cut and dryand that he would expedite my claim That was two weeks ago Have not even heard from him since. Thanks Pete I,m on them like flys on S#!t

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Macool- is your vet rep Pete Glia from NYSDVA?

Rick, his boss, is my state vet rep-

Reason I ask- I feel you might have a potential Cue claim-unless you relentlessly pursued this for all these years-

Pete is pretty good-if the Pete I know- and since he is good he is overwhelmed-

Buffalo VA is the regional office(VARO)where your claim is at-

I have claims there that have been there for over three years-they have some illiterates who work there.

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I believe I would send the VA a certified letter requesting a hearing and review of all the information you have that proves your claim. Do a little research on the net under 38 CFR and find what may relates to your claim and use it.

Hope this helps.

38 C.F.R. 3.303(a)

General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. This may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions. Each disabling condition shown by a veteran's service records, or for which he seeks a service connection must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

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That is what happened to me. No records to indicate ever having an accident.

I agree that reviewing and getting a copy of your c-file is top priority. Make sure the evidence is in there. Then look for requests from the VA to the DOD to get your records. If you gave the VA enough information to find these records (aproximate date, place of treatment, the condition treated) and you were denied without them you may get the earlier effective date. Back pay to '93.

Time

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Macool- is your vet rep Pete Glia from NYSDVA?

Rick, his boss, is my state vet rep-

Reason I ask- I feel you might have a potential Cue claim-unless you relentlessly pursued this for all these years-

Pete is pretty good-if the Pete I know- and since he is good he is overwhelmed-

Buffalo VA is the regional office(VARO)where your claim is at-

I have claims there that have been there for over three years-they have some illiterates who work there.

Berta

Yes my rep is Pete Gliha,

Pete said This case looked easy and said he would expedite it .But how busy is Pete ! He-Pete heard that I have 5 kids and he looked like he was pissed at the Regional office for not doing something already .Guess I just don't trust anyone in the VA system. After 15 years of looking for Med Files and finding them. . Makes one think that the VA or Goverment was hiding them from me. Were They?. I have had two operations on my Right shoulder. One was less then 6 months after my return from Saudi Arabia to correct Injury That is on Medical files 4 times and One on my left now Ive got problems with My right Hip.Along with swelling and deformidys of alot of my joints .And one of my eyes is not dielating correctly It is off center and not round . And my hearings bad too.The Bath NY VAMC found all this on my 1st visit. They said I,m a mess.I guess the Desert storm Illness Thing could be true. I always thought It was just bad luck on my part. But now I question it. The Doctor Call me to make sure I,m not working now . O Ya and I,m a union carpenter All I opened this claim up in 1993 for was so I didn't have to do construction any more . I figured I would get retrained in something less Pysical and I could have saved my Body . Now after Years of abuse I am at the point I can,t do it anymore. I,m looking to get this settled ASAP so I can do something else. The Docters told me to stop 15 years ago with the Heavy Construction .But Like I said I have 5 kids I did what I had to.

For my Wife and kids. Anyway I,m just trying to get what I have been wanting since my first surgery some help. Pete says the VA owes me some cash but I went after this for the help. and benifits for my kids for their schooling.I want them to have it better then I did. I,m on a Soul Quest I won't rest until I get my kids takin care of .

So what would I Need for a CUE and Would Pete be doing this. I've heard of a Que before but don't know much about it?? My claim was Originaly Turned down cause of lack of medical files that Proved that the injury happened as a result of active duty . I Now have them .So does Pete and everyone I've come in contact with in the VA system for Last 4 months. Ive sent 4 sets to the Buffalo Office and Copys of My Denied decision from 1993 claim .I highlighted one set of files On Which the decision was made that says lack of evidence or medical files . and I highlighted the medical files that tell the injurys, Date and times were onand at . I spelled it out a 6 year old can see it. What Now .?? Just wait for Pete or- Drive On Myself???????? I don't doubt Pete I had a good feeling about him .But How busy is he and will he work it like he Owned it?????? Thank for Any help or good advise - Rick :(

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Rick, take Berta's word for it, you have a good SO if she says so, and the word gets out pretty quick on good SO's, so they're usually swamped. However, I'm a firm believer in a hands-on approach to claims, because the only person who truly "owns" the claim is the veteran, not the SO. You have a right to ask as many questions as you wish, and to keep informed as to every step. However, I would mail all correspondence myself, via certified mail, and copy the SO.

When I read your first post, I felt a CUE coming on. "Clear and Unmistakable Error" A legal/procedural error, not one of medical interpretation. If a year has gone by since the denial, you'd need a successful CUE claim to retro the rating back to the original date of filing, instead of the date of your most recent appeal of that denial.

However, if you don't get any satisfaction from that, a Writ of Mandamus might eventually be in order if your claim continues to be ignored. If successful, it would force your VA Regional Office (VARO) to make a decision. Not an easy thing to get, but it would do the trick in the event all other efforts failed.

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I have no medical records from my service in Saudi. I figured they were just lost. Is there any way to locate them? We didn't take our 201 or med records with us, all we took was a mob file. We were told our records would be sent back to mob station, that never happened.

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Rick, take Berta's word for it, you have a good SO if she says so, and the word gets out pretty quick on good SO's, so they're usually swamped. However, I'm a firm believer in a hands-on approach to claims, because the only person who truly "owns" the claim is the veteran, not the SO. You have a right to ask as many questions as you wish, and to keep informed as to every step. However, I would mail all correspondence myself, via certified mail, and copy the SO.

When I read your first post, I felt a CUE coming on. "Clear and Unmistakable Error" A legal/procedural error, not one of medical interpretation. If a year has gone by since the denial, you'd need a successful CUE claim to retro the rating back to the original date of filing, instead of the date of your most recent appeal of that denial.

However, if you don't get any satisfaction from that, a Writ of Mandamus might eventually be in order if your claim continues to be ignored. If successful, it would force your VA Regional Office (VARO) to make a decision. Not an easy thing to get, but it would do the trick in the event all other efforts failed.

Vicki, Pete Seems Like a great SO but I have done Everything Up until Now. I've even have done things since meeting with Pete to try to get this claim going .It's hard for me, to think anyone is on my side.even though I did have a good feeling about Pete. He seemed to care about the claim,. Do you Think I should mention the CUE thing to him .Or just let him go with it . He would know much more then me I am sure. I am new at this but I am"commited". I also Never appealed the original decision of deniel back in 1997 for the 1993 claim because I had no way to fight it. I just kept on trying to get my medical files so I would have the proof I knew existed.and now have the files . What do you think ? let the seasoned guy handle it ?or should I continue on keeping on?

Thanks for the input - Rick

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Have a very candid, honest talk with your SO and ask him what he thinks of a CUE. The only reason you didn't appeal the initial denial was because of a misstatement of fact on the part of the VA about your service medical records. A CUE is the only way I know about to get an effective date of claim back to your original date of filing. No records means no evidence. As it turned out, they were wrong and you were the one to correct the situaton, not them. They had an initial obligaton to obtain those files, and they didn't meet it. In fact, they never met it. You did something that they should have done themselves.

Personally, I'd go for a CUE. You've got nothing to lose.

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I have no medical records from my service in Saudi. I figured they were just lost. Is there any way to locate them? We didn't take our 201 or med records with us, all we took was a mob file. We were told our records would be sent back to mob station, that never happened.

David

I can tell you how I did it and you can give that a try.I got on the net and went to http://www.archives.gov/veterans/evetrecs/index.html Go trough this site you can order all files there. Go through it and Try to get EVERYTHING you can . This way its a bunch of stuff not just one thing. I beleive that if you just ask for medical files from some time they ask why and see what you could possably need it for ? Maybe they don't but this is my feeling. At that site you can order medical files through written requests on line from certain times and places of duty , give them dates , bases , country's inpatent outpatent everything and (ask for that request) - with alot of others maybe they think your just collecting your files for personal reasons . Thats what worked for me so its worth a try! 15 years and I came up with them.

And good luck It did work for Me--- Rick

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That is what happened to me. No records to indicate ever having an accident.

I agree that reviewing and getting a copy of your c-file is top priority. Make sure the evidence is in there. Then look for requests from the VA to the DOD to get your records. If you gave the VA enough information to find these records (aproximate date, place of treatment, the condition treated) and you were denied without them you may get the earlier effective date. Back pay to '93.

Time

Ive been told that my effective date would be back to when I first filed but have been told other wise too.I have a letter from VA saying it is a reopened claim .I think this means it will be dated back to 1993 when I filed. From my understanding of all the things I have read.

It was the VA's fault I could not get the records in my eyes because I knew they were somewhere.and have asked for them at least a dozen times. They were no help.You have to help yourself.They won't solve your claim for you in your favor.

That my Thoughts-Rick

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Time

If the VA knew medical records existed and where to find them and did not act on that knowledge then that would be CUE. Am I right? That is almost the definition of CUE from what I have read.

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Time

If the VA knew medical records existed and where to find them and did not act on that knowledge then that would be CUE. Am I right? That is almost the definition of CUE from what I have read.

John

I sure hope your right.Thats pretty much how I see it too .The evidence was there The VA just did not use it cause I did not have it.They would not Use it to help me win my Claim .I don't beleive they work to settle it in Our favors .unless you have the files they won't use them. Thats my take on it.

Thats my thoughts - Rick

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Got A Question On how I can Get the VA to move Quicker on this claim.

This is what I've done so far. I filed a claim in 1993. It was Denied in 1997 after the NC VA could not locate my medical files from time served in South West Asia. I continued Trying to Locate this missing Records at least once a year. Now after all this time I have received these Records that Clearly state the Accident, day and time - 4 times in the files. I was seen 4 different times for the same thing. I have Reopened the Claim sent these files to my Regional VA Office in Buffalo NY the 1st week of March. Followed by many other statements from Docters and Employers telling the on Going problems I have had. They have received all this and still have not made any move on doing the right thing? The Original Claim was Denied Because of lack of evidence. No medical records from time in service to prove that it was a service connection Injury. This is why it was denied. Would not the missing medical records be all they would need to seal the deal? How can I get them to move on this? I am no lawyer but it sure looks simple.What can I do to get them to move on this? Help!!

Thanks for the help - macool

*******************************************************************************

JULY 15 2006 WHAT I DID TO GET IT GOING AFTER TALKING WITH EVERYONE YESTERDAY _THANKS

Well did a few things yesterday to move the claim along ! # 1 I called my SO and left him a message ,Asking him about his Thought on a CUE .I've been told that he is a good one, so I figured I would get his thought on the QUE . #2 I emailed the VARO and asked them if they had all they needed from me. They repleyed with a -The RO sent for my records From the National Perrsonel Records Center .So I emailed them Back and explained the steps I, took to get the files so as though they know how to get the ones needed. Then I got on The national perrsonel records centers site - Vara - Veterecs and ordered them myself with specific dates times duty locations the whole bit. I had them sent directly to the regional office to the regional Office manager Ms Susan E. Kloc. This way I know she will receive the right ones . I will Next monday follow up on these and Call my SO and talk with him ,He will probably think I'm a pain in the A$$. Thats okay I need to know His thoughts . To make sure were on the same page. I know the RO has my Medical records copys I've sent, they said they were in the systemweeks ago .I sent 4 copys of the med files certified with copys of the Denied decision from 1993 claim and they have copys of the medical files that the claim was denied because they the VA, would not find - or use The Lack of evidience They have it Now The Missing files that Prove the claim was not decided on the facts and that they did not asist me in getting .Do You think Its ready for A QUE?????

20 minds are better then one-Rick

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