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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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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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