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

[gdsnide]

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

The BVA sent a claim back to the RO that was to be "Expediated) & finally 18 months later they made a decision. The RO's are not very VET friendly me thinks

GARY

[Done wit this]

Well it is off to the Comp and Pension Exam . Got the wife with me . She will do more of the talken then me. She's better at complaining, I've always worked with the cards delt me. Bringing more SMR's and the original decision copys with me . I will make sure they have copys too. Lets see what the Bath, NY VAMC has to say about my shoulders. This is going to be real interesting. I guess I will get some experence in C@P Exams this afternoon. If they don't wrench on me to bad I'll Post tonight.

Macool :D

[Done wit this]

I received Copy's of my compentsation and pension exam report yesterday. I was surprised that in the report they have connected my left shoulder completly to military service but not my right. In my medical records from the military it clearly states that I was seen for pain in my right shoulder, it further states that the opinion of the medics that examed me was that it was injury to the rotator cuff and ac joint. Less then 6 months after I returned home from the desert, I had surgery to that right shoulder for damage to the rotator cuff and ac joint, but somehow they don't seem to see that as service connected because I had returned to my civilian job prior to the surgery.

On the other hand, the report does connect my left shoulder completly to my military service. I was seen during the same time span for pain in the left shoulder which was not deemed at the time to be as serious. I have had surgery on my left shoulder but not unitl 2002. I am finding it a little difficult to understand why they are connecting one and not the other.

There was no way I was going to let them operate on me in Saudi Arabi, so needless to say, I postponed surgery that I should have probably had while still in the service until I got home. It was determined that I should have surgery on my right shoulder in April of 1992, I returned home from the gulf in November of 1991, less than 6 months, but they are trying to blame it on my civilian job, a job that I never had an injury, I just couldn't do it any more because of the pain.

My biggest concern was the Doctor who examed me, I have a huge respect for those older than me, but when I say that maybe it's time for this man to retire, I mean it. I am not positive how old he is, but if he isn't 80, he's got to be close. He was very confused by my file and took the first 45 minutes going over the same few parts of my records trying to determine which shoulder was which in the files and even after writing it all in his own words in his own notes, he still didn't understand and started over several times. In addition he has several facts that are in evidence in my medical records listed wrong on his report, including dates of prior injuries.

My question is are the raters going to go through my medical files or will they just make decisions based on the doctors report. He has several facts and figures wrong in his report that anyone who reads my complete files will note. I am wondering if they are only connecting my left to military service because I never filed a cliam on my left, I did file a prior claim on my right and if they don't connect that to the military it saves them a lot more money. Could they be doing this on purpose?

Wouldn't the overuse syndrom that he notes in the report which he has tied to both shoulders be enough to service connect the right shoulder, that added to the fact that I was specifically seen overseas for the right shoulder pain which is atributed in those medical files as being rotator cuff and ac joint damage? I don't know if this is a plan to shit down my former right shoulder claim from 1993 or just a doctor stating that my left shoulder is all service connected and the right shoulder only a percentage? It will have to be connected with the SMR's stating I was seen for the Right rotator cuff and AC joint while in the Gulf will it not? I think they are trying to give me a Screwing.

Macool

[Josephine]

Did the doctor have enough sense to at least state that it was more than likely the ----- was the result of your service injuries, or something to that effect?

You can always demand a new C&P examination. These guys will tell you what to do.

I am so sorry, but I have been there!!

Josephine

Edited October 1, 2006 by Josephine

[Berta]

Rick- believe me I know how Buffalo is and they ARE possibly trying to screw you-

You will need to rebutt that opinion because-as it stands now- it will be all they need to deny on the right shoulder.

You have your SMRs?

It should state in them that your right shoulder needed surgery.

"In addition he has several facts that are in evidence in my medical records listed wrong on his report, including dates of prior injuries. "

This has to be corrected in the rebuttal -

"My question is are the raters going to go through my medical files or will they just make decisions based on the doctors report" believe me they will use anything negative he said- with glee- and then possibly ignore the left shoulder service connection.They dont even look at the medical records once they get a medical opinion.

"It was determined that I should have surgery on my right shoulder in April of 1992, I returned home from the gulf in November of 1991, less than 6 months, but they are trying to blame it on my civilian job, a job that I never had an injury, I just couldn't do it any more because of the pain. "

This can be used to rebutt the way the doc tried to blame the civilian job.You had no on the job injury to your shoulder.

"Wouldn't the overuse syndrom that he notes in the report which he has tied to both shoulders be enough to service connect the right shoulder"

yes-if he said this right in his report and found the right should disability as secondary to the left one (quite possible)

"Could they be doing this on purpose?" This is the Buffalo VARO.I dont put anything past them. The majority of claimants I know of who succeed there at some point get real tough with them.

Did you say you never claimed the left shoulder? I didnt get what you meant by that.

Also one more question - did this doctor speak English?

This is just like the crap I used to get in the 1990s from Buffalo.

They tell the docs what they want- the docs are under tremendous pressure up there.

I have knocked down many of their medical opinions.

You have the actual report? can you possibly cover the c file number and scan it for us to read?

It might be manipulated and interpreted a lot differently in the decision you get.

Was this Dr. Sakti Moojerkee?

Edited October 1, 2006 by Berta

[Done wit this]

Did the doctor have enough sense to at least state that it was more than likely the ----- was the result of your service injuries, or something to that effect?

Josephine

He stated that the left shoulder was But stated that in his Opinion the Right shoulder was not. you would think that the doc would have looked at the SMRs and read the AC joint and Rotator cuff thing and saw that the surgery 5 months later was for that. He would have had to understand what he was reading. He was confused , I really think he should consider retiring . Nice Guy but had to be 80 or better.

Macool