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

[timetowinarace]

Yep, EED, earlier effective date. Usually a reopened claim is paid to the date the claim was reopened. Not the original claim date. Reopened claims are done with new evidence that VA did not have when deciding it the first time. However, if like in yours and my case the VA should lawfully of had the information, the EED should be granted.

Realize that going back that far will be a huge backpay check and VA will balk at granting it if they can. Especially if your rating is very high. They may grant the schedular rating at the EED but pay a IU rating to the new reopened date.

Time

[Done wit this]

I go for my Comp and Pen Exam on Friday . How far from done am I? Is there anything I should know about this so that the Docters give me a fair rating. The Exam is for booth shoulders The right one is about 30% smaller then the left one because of the injurys and much less developed but left is injured also with limited movement. I have had the Left shoulder repaired 4 years ago because of the over use of that side to make up the difference in strength and movement of the right -the -left it went eventually because of the overuse due to the in service injury to the right. Is there anything I should be aware of and is this the end of the VA screwfest I have been receiving for 15 years .How long till they send me a rating and take responsability? Anyone have any Idea?

Macool

[Berta]

Rick-here are all the Comp and Pension Exams worksheets-I dont know which one you would be getting-

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

I would access the one that seems to pertain to your claim and then study it carefully- this sounds like they will need to use a goinometer to measure ROM.(Range of Motion)You will know what to expect from the exam and what the doc should do.

I would-if I were you- give their records access officer (if C & P is being done at Bath VAMC-that would be Marty Gaye's FOIA office -I think on the second floor past the hospital canteen) a letter with your name, addy and c file on it- requesting a copy of the C & P results when the exam is over and the results have been typed up.

When you get these results then you can access the Schedule of Ratings here at hadit- within 38 CFR to see what rating you should fit into. The C & P results will show you and Pete what you might be up against if an improper rating should occur. Our VARO does make good decisions, They also make lousy ones.Some C & P docs are OK, others are dopes.

Since they did send you proper VCAA notice etc-you have their statement of what they are specifically looking for-so you sound like you are in the good pile-

the pile of claims they actually address.

If the examiner does NOT have your complete SMRs etc in his/her office- you can use that fact if the exam does not render a proper assessment as to your SC disability.

.

[Guest jstacy]

Macool, I have posted about the changes to the regs about effective dates. If your evidence is a service record evidence, Then according to the regulations, They may have to pay you from your original claim date. I would state that on a statement of case and show them the regulation.

Good luck with the C@P exam on Friday.

[Done wit this]

jstacy

Your talkin 38cfr part 3 rin 2900-am15 New and meterial evidence

I was on that like white on rice when it was posted . It has been sent to my Vet Rep and the Congressmans VA man thats handling the claim. I asked both of them to make the VARO aware of the new regs- Last week and that we were up on them, Thank you It's been brought to their attention sence the first day it was posted here on Hadit. My claim from 1993 is a clear reason and should be a product of this new reg and a CUE. Getting down to the Nitty Gritty, Wait till they get a load of me friday. Maybe my wife and I can go on our 1st ever vaca - sence 1994 if they do things the way they are supposed to. And I could get her something nice.

were in a battle!! , Fight to win!!

Macool

Edited September 18, 2006 by macool

[timetowinarace]

As for a timeline, it could still take several months to get a decision after a C&P. I know this isn't what you want to hear. The backlog is terrible right now and if they go with the EED it will be a rather large backpay witch requires a second signature. Meaning another delay.

Sorry, but my experience with 'expidited' doesn't necissarilly mean 'timely'. Just a heads up. Patients is still needed.

Time