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]

Got them at http://www.archives.gov/veterans/military-...ce-records.html.

I had to be specific with what I wanted -Places served duty stations dates There is a place where the veteran can ask for specific things through written requests on this site you need to be right on with dates and things .

I also ask for everything I could get from them awards certificates dd214 s . This way they don't question as to why your looking for your files. I don't think it is a good Idea to just ask for medical records .

They more then likely have some kind of list that they look at so they don't give you your million doller files>>>>>

Thats how I got mine ! In a pile of other requests.

Macool

[Josephine]

Macool,

After I ask for two copies of my Adminstrative Records, Medical Records, Psychiatric ecords, Transfer Records and anything that they had on me. They sent the first set in May and again this past June.

When I wrote back for the third time to tell them that the AMC wanted a letter from them stating that there were no more medical records in my claims file and to proceed with my claim. They called me to see what else I needed.

How I ever got those Psychiartric Records in 2004, I really don' know, as someone must have felt sorry for me. They lay silent in the archives for 40 years.

The Va. had never requested them and there they were. They sure are wishing that they had now.

It has been a long hard battle.

Josephine

Edited October 26, 2006 by Josephine

[timetowinarace]

Hospital or treatment records for deployed soldiers during the GW are NOT included in SMR's. They have to be requested by time and facility.

The search for records will be different for the GW1 era veterans.

First and foremost is to give the VARO a detailed as possible statement as to the aproximate date of treatment, the facility treated at, and of course the injury/illness treated for. By Law, the VARO must pursue these records and cannot make a decision untill they have a statement in writing and signed from the facility that has the records that they no longer exsist. In most cases, VARO does not do this. As long as they had the info neccissary as stated above, this is CUE.

Second is to request specific records by FACILITY and DATE from St. Louis yourself. Also, there is a Database for GW1 that lists these records. All you have to do is call with facility and date and they can tell you if your records are in the database. They will send you the forms with the specific records listed to sign and send to St. Louis. I will try to find the 800# again. I've posted it a few times. For me, the records from one facility was listed but not the other so when I got the form I added the one that wasn't. Interestingly enough, the records that were in the data base are missing but I recieved the ones that did not show up.

Time

Edited October 27, 2006 by timetowinarace

[Done wit this]

Well,

I got my white letter today .

They denied me ? Thay said that the evidence submitted is not new and Material

In the first Denied decision it states no SMRs from time claimed. I found them submitted them and now they are not considered new and Material?

I need a beer ?

Macool

[Josephine]

Macool,

I am so sorry, but I will let those with more experince, help you with this one.

We all know that they are wrong with this decision, but they will guide as what to do..

Josephine

[Berta]

That doesn't make any sense at all.

Rick we are at the same VARO and I know how incompetent many of them are- did they list the SMRs as evidence at all?

Same as my evidence- if they can ignore it -they deny-

I hope you can get a hold of Pete to see what he suggests-he is at Corning office on Fridays.

I am surprised at this- especially since they actually sent you VCAA letters telling you exactly what you needed.

Were the SMRs highlighted as to the specific evidence you needed?

Was this involving all of your claimed disabilities?

I know exactly how you feel. This VARO does not seem to read evidence in many claims unless the veteran makes a very big fuss.

If a veteran fully can comply with what they want in the VCAA notice, what is their problem?

Did you keep copies of those SMRS? I would highlight copies of them them well with a magic marker and tell VA like they are ten years old, just how these inservice records support your claim.

You could ask them to CUE their decision due to their violation of evidentiary regs.

Maybe Pete would suggest this too.

I have decided to request them to CUE any more bull crap they send me.

If the VA violates their own regs, they can CUE their decision and change it.

But that sounds easier than it is. worked for me a few times though-

Edited October 27, 2006 by Berta