13 Year Old Claim From Kkmc Desert Storm

[Done wit this]

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

[Berta]

Rick-it this pain keeps up- if I were you I would go to the ER and tell the ER doc what happened at the C & P-to get it all documented as soon as possible after that exam occurred-

then if it continues to bother you- you can file a Sec 1151 claim- but this would have to have caused a documented additional medical problem rated at least at 10% to succeed under Sec 1151.

I would also write to the Medical Director of this VA too and tell them what happened.

I hope this is a minor problem but it should not have happened.You deal with enough-

When a SC arm injury causes overuse of the other arm- that is one thing VA considers on bilateral disabilities but when a VA doc causes more problems-

it should be documented because one never knows down the road if it could get worse-

I had friend (non vet) who slipped on a piece of pie while working at VA-the pie was from the VA dietetics and housekeeping had not been informed of it yet to clean it up.

Her foot hurt when she fell and the VA ER doc gave her aspirins or something and said to return to work in three days-

by the end of three weeks she could hardly walk and made more trips to the VA ER-put ice on it, put heat on it- it was always a different story.

She finally went to a private doc and found she had broken the foot in the fall and it was re-setting itself all wrong-

she sued under FTCA and won.

What might seem to be almost a minor or temporary pain can turn into something else.

The pie was an unforeseen accident-not 1151-

but the ER care was medical error.

Edited July 31, 2007 by Berta

[Done wit this]

Well the recent news is, out of work laid off again left shoulder problems - I beleave partial tear of my left rotater cuff It kills me to walk and train my Germ Shep Pups because of the left side is the side you heal them to. There about 20 lbs and they put me in the Ice to the shoulder Mode. I would bitch to the VARO but I don't think that will do me a bit of good- only no-good. who would even beleave my story. I will be honest and say I wouldn't if I were them. seems Impossable. So I am sitting till it heals enough to go back to work and rip it again. waiting on the system sucks.

Macool

[john999]

Berta

When the VA takes a positive IMO from the veteran and somehow changes the intent and position of the IMO doctor to act as proof in order to deny a claim this is evidence of the adversarial nature of the VA. This has happened to me more than once since I submitted many IMO's in the last few years. When anyone tells me the VA raters just operate on the facts at hand I laugh and remember them taking two words out of a three page IMO to deny my TDIU claim in 2001.

[Done wit this]

well read this fellow Vets .....I ripped My left shoulder at a CnP exam and I did not report it. I am getting surgery to repair the left side fist because that hurt alot more then the right side That the doctor wanted to fix I changed it yesterday when I went to the office to reschedule the surgery.... Learn from My mistakes.. They are in the post before this one ....I should have listened to Berta....

Edited December 21, 2008 by macool