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

[david walker]

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.

[Done wit this]

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

[vaf]

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.

[Done wit this]

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

[Done wit this]

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

[john999]

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.