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

[Josephine]

Macool,

Believe me, I have been there, with my last C&P. I would guess that you will find your answer if you demand to see the request by the R.O or the DRO, as to what questions were posed to this doctor.

I would say that they are deliberately trying to knock you out of your retro- pay.

It is not too late, for you to see the request, mine is at the BVA and it is impossible for me to make this request.

I can tell they you, they will not read a thing in the body of the write- up, only the last line with the decision of the doctor.

Don't waste any time, act fast.

Josephine

Edited October 1, 2006 by Josephine

[Done wit this]

I have just wrote Pete, And Ben Cameron the congressmans man,A letter asking them to get me another C@P exam If I could .I explained that I did not want to get the Old Guy in any trouble. I told them Everything was mixed up Dates and times Shoulders and Again I said please don't get the old Guy in any trouble Put him on a pedistal and honer him !! I really got along good with the Guy . Kind of felt bad about him when I was leaving ... I patted him on the back and I hoped he would be Okay He was all flustered and confused

Macool

[Josephine]

Sure hope that it all works out for you. I requested another C&P for nine months and never received one.

Be sure that you keep on top with this, as the rater may wish to push it straight through.

Always,

Josephine

[Done wit this]

Sure hope that it all works out for you. I requested another C&P for nine months and never received one.

Be sure that you keep on top with this, as the rater may wish to push it straight through.

Always,

Josephine

More then likly the RO did not even get copys of the reports Yet I am Alot closer to the VAMC then They are about a 1-2 day letter difference. I have also Got a congressman Helping me with this so I beleave I will get the C@P thing straightnend out . I stay on it like hair on a cat. It just pisses me of they would work the guy to his grave . They really suc k I also wrote my Rep and ask him to demand to see the request by the R.O or the DRO, as to what questions were posed to this doctor. Sure can't hurt.

I,ve been fighting them for fifteen years whats another couple months

As I Always say Were in a battle!! Fight to win !!! Leave the Old Guys alone !! I'll come Unglued!!

Macool

[Done wit this]

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?

I would scan it but I have no scanner sorry berta.

[Josephine]

Macool,

More then likly the RO did not even get copys of the reports Yet I am Alot closer to the VAMC then They are about a 1-2 day letter difference. I have also Got a congressman Helping me

They Va uses their Amie to get those reports in right away. Please don't let them fool you.

I have been down the same road that you are traveling.

Do by all mean look at the request by the R.O. Demand to see it, I didn't and it is too late for me, but not you!!!

Get a copy of the C&P, should be ready to be picked up within about 5 days at most. The Medical Center has a contract to get these C&P's right in.

You stated that you never claimed service connection for the left shoulder and this is the way they are aiming your claim.

You have 13 years of retro to loose. At present I am sitting on 28 years.

The Va did not secure my psychiatric records and they order me a first C&P which was in my favor, they turned around and ordered me another within 5 months. This one nothing bothered me in service, although I was taking Cafferfot and librium for my nerves.

Believe me unless you rebutt this C&P, no one will give a hoot what the doctor said about you.

I sent a rebuttal to the medical center and also to the R.O.

They received the decision that they wanted to get rid of me, they thought.

Denied.

BVa and now at the Management Center.

The R.O will tell or indicate to the physician what they want him to say to knock you out of your retro.

Josephine