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

[Berta]

Rick-that sounds good- a veteran often has to rebutt these medical opinions step by step.

I did that in early 2006 but my rebuttal was completely ignored. I certainly needed to obtain an additional Independent Medical Opinion- which I believe they are finally considering.

In the 1990s my rebuttals of VA med opinions were successful-in that I won those claims without an IMO.

A VA doctor agreed with my medical assessmenst as they were based-like you say- on documented fact.

This time around only one statement I made was ever used by VA (over 30 submissions of medical evidence)

and it was manipulated into something else. They questioned my interpretation of abbreviations the docs had made in the med recs.

I use Medilexicon and rebutted that with the fact that when I studied many medical abbreviations in past records I filed a successful tort claim as the medical abbreviations proved the malpractice in that claim.

I am glad I switched and got your vet rep- I found out last week that not a single claim or any of my evidence appears in their Bath office file from Jan 2003 to Sept 2005.

No wonder my claims were buggered. I guess the MF (Mysterious force) that used to remove stuff from my RO c file ,in the past, is now employed by the state of NY.

I await an explanation from them.

I had 7 separate issues which are focused now to actually only 3 (not including their re-open of a past CUE I had)

That involved a lot of work and submissions of evidence.Even the Nov 2004 opinion from Dr. BAsh is not in my POA file at the Bath office.

It supports that the DRO did not even see it at the DRO review.

I wish I had gotten Pete in 2003 instead of his boss.My claim would have been resolved by now.

[Josephine]

Macool,

I am pleased that you wrote the rebuttal. I wish you much sucess with the R.O. My claim also involves cue.

I was not pleased that the R.O would not grant me a new C&P examination in 2005, and I actually think they thought that I would stop there.

Not true. To the BVA it went. I was pleased to find out Monday, that the BVA by way of The Appeals Management Center, has sent that C&P examination back the the Psychiatrist for a complete rationale of their decision.

The lady Psychiatrist now has a chance to explain, why the lies?

The same thing happened to me, when one reads the remand, it appears that the missing medical records are those of my treating physician. That is not true, the missing records, were my Pyshchiatric clinical records and a letter of explantion by my C.O of my early discharge.

The Va. knew that those records were in the archives and just never bothered to get them, when I first filed in 1978 and again 2002 and was granted a pension in 2003. No service connection. No way without those records. I secured all the psychiatric records from the archives in 2004 and the letter from the C.O and presented them to the R.O.

Josephine

Edited October 11, 2006 by Josephine

[Done wit this]

You are right the VA will not get the SMRs to prove a veterans Claim .It says that the VA is supposed to help the Veteran, but does not get things like supporting SMRs to prove a claim. I think the VA hopes Veterans give up on the claim after being denied comp. But we are proof that a strong mind and pig headed attitude sometimes pays Off . Now I Wait . I answered every letter with a letter and Proof to support it. Let us Wait and see what the VA comes up with. If I don't like it I'll Appeal -Regroup and start another Offensive.

Macool

[Josephine]

Macool,

That is exactly what I did. The R.O and the Medical Center thought that I would give up on that lying C&P examination.

Believe me, I wasn't about to, just like you. You have the proof in your records just as I do.

I know some think that it doesn't have any thing to with the retro- pay, but I sure do.

If they refuse to give you another C&P examinaton, as they did me, take it on into the BVA, as the medical center will get it right back just as they have mine.

Just keep the upper hand with them. It is like a game of Chess and I have never played it before.

Place your demands on the table.

Always,

Josephine

Edited October 12, 2006 by Josephine

[Done wit this]

Hello, Ladys and Gents

I have recieved another VCAA response letter from the Buffalo VA Needing more evidence on my left shoulder disability claim connecting it to the service and the right shoulder disability. I think no big deal. done already going out tommorro and just received the reply needed letter yesterday.

It also says in the letter that I was rated or a decision was made the 18th of October for the right shoulder. And that that is being sent to

Me. The reply needed letter was dated the 19th of October. Either they are figuring out what They owe Me for the Back pay and its taking awhile cause of the 5 kids being born about 2-1/2 years apart or they used slow mail for that decision letter and they denied me but somehow I dought they denied me.

What do you think is going down ? should I be looking for something soon or will it take forever like everything seems to from the VARO?

Were in a battle ! Fight to Win!-- Macool

[Berta]

Rick-it could mean some retro coming your way- I hope-------

I was going to suggest asking Pete- but I 'talked' to him by email the other day and he asked for a summary of my claims (which I sent him twice already)and he still could not answer my question about something the VARO filed at the BVA in August.(The BVA sent it back with my remand anyhow)

All of my claims disappeared from my file there.

I think he is totally overwhelmed because I think it got around the VA in Bath that the other guy there doesnt seem to have a clue.

If you call the 800# for the status and they say it is in "Finance"-that is always good news.

But they sure are slow at this VARO.