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

[Done wit this]

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

Edited October 2, 2006 by macool

[Done wit this]

I have left two emails for my State Veteran counselor and two emails for my Congressmans VA man thats handling my claim telling them both on this .And explaining it so a three year old can understand it. I demanded a reveiw of the CP Order from my state veteran counselor. He is slow but good when you need things done. I don't beleave they are trying to get away with no connection on the right . I don't beleave they can!! The prior service medical records Mirror the Surgery- I had 6 months after leaving active duty. I think they will have to clam part of it. It is noted in his final paragraph that both shoulders were Overuse syndrome and that I was seen for both on more then One occassion for both shoulders. wouldn't they have to take some of the % with the mirror to the surgery in the SMRs and the overuse syndrome on both shoulders? They will because thats when I will stop. Not until I'm On it- I'll know more after I talk to my team tommorro.

Give me something to do -------------------- ON IT -------------Macool

Edited October 2, 2006 by macool

[Josephine]

Macool,

Give me something to do -------------------- ON IT -------------

I demanded a reveiw of the CP Order from my state veteran counselor. He is slow but good when you need things done.

Write a letter and demand the needed C&P order yourself, as you state he is good, but slow.

No offense intended.

Remember, I am just trying to help you and save you the grief that I have gone through.

My SMR's were just as clear as spring water as yours, but when the Psychiatist were through with it all turned to mud.

You need to type a rebuttal to this examination. I sent a notarized rebuttal to the Medical Center and one to the R.O.

Just place your name and address , SS# and date

In Reference to C&P exam dated ---- Authored and sighed by ---------

My rebuttal took me 3 days to get it right.

I typed each paragraph of the examination and and then I went underneath that paragraph and typed the correct information from my SMR'S.

Type it just as it is written or typed in your SMR'S with the date, place, time and all information.

I continued to do this until I had covered the complete examination.

If you do this, the R.O will have to acknowledge the errors in the C&P.

Demand a new examination for the above reasons.

If you are lucky they will give you a new one.

This one I cannot say, as the R.O refused to give me a new one. When I received my letter of denial, it was stated. I know that you were dis-satisfied with the last C&P, but it was fine for rating.

Now the BVA has read the Examination and the Rebuttal and now my claims file is to go back to the medical center for the Psychaitrist, to explain the rationale of their decision. My SMR'S do not agree with a thing that they wrote in the examination.

Your representative will not have the time to type this for you, but you really do need to do this.

They know that your case is retro 13 years and that is a lot of money.

As I remember, you were denied and then you located the needed information from your SMR's never viewed by the Va.

Same as mine.

I trust that this has helped you, as I would never want to see another veteran go through what I have.

Good Luck,

Josephine

[Done wit this]

Hi everyone

I have talked with My State Veterans Counselor about my new problem with the C@P exam last week. He got right back to me first thing Monday Morning - that was good!. The Rep - Pete said that He had A copy of my exam Results. He also said that it looks as though it will go 100% unemployable. He advised me to leave the Raters rate me He also agreed with the Right shoulder SMR being a Mirror to the Surgery I had right after leaving the Gulf duty. It was 5 months. His advice was to just let the RO do their thing and get a decision. Either way,. The Vet Counselor also said that the Doc that did this Exam has a list of complaints. He is Known for messing things up. He advised me to weight it out and if we did not like the results . We would ask for a reveiw of all evidence. My rep also said that Doc Templer has a long list of complaints and that this Will work for Me. I suppose If I want Something coming in ASAP His advice is Good.

Whats -Next ??? Macool

Edited October 3, 2006 by macool

[Josephine]

Macool,

You still may wish to secure a copy of the request by the R.O for the examination.

Other than this, I would say, give it a chance, and see where it goes.

Josephine

[Done wit this]

Update

This is what I did to answer the Doctors Opinion. I wrote a letter and explained the facts.and stated that the Decision should be made based on facts not Opinions. I also sent copys of the final report from the Doctors C@P decision and sent the SMRs that stated the Facts and I explained the Fact that the SMRs were a mirrior to the surgery I had upon my return home. I also of coarse stated that I did wait until I got home to get the surgery so that I did not have to get the surgery done by the Military Doctors. The reason of coarse was so that I could have a chance at a normal life, for fear the Goverment Doctors would Butcher Me. I Highlighted all Importent Info in both the Report and the SMRs. I Also Told them in that Letter that I was requesting that this be added to my file So as I could get a decision based on facts and not an Opinion. Of Coarse I sent this Priority Certified to the VARO manager

I Think that this will Help remedy the Confused Doctors Opinion. I also wrote on the bottom of the Paper in big red letters PLEASE READ--IMPORTENT!! so the raters would notice it in the pile.This was received by the VARO on 10 -5 -06.--- Now the hard part WAIT!---

Macool