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]

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 know of your disppointment. I am so sorry.

When you have gotten over the shock, there is work to do.

When you filed to re- open yur first initial claim did you receive a letter from the Va. acknowleging the evidence that you turned in as being New and Material evidence, never seen by the Va. before and that your claim was re-opened?

If they did not have these records when you first filed your claim they are new and material. They can deny you for other reasons, but they have to re-open your claim.

I only ask as when I turned in my service records never seen before, I was denied, because they used my service records from 1978 to date to deny me.

They didn't bother to use the Medical Records from 1965 to 1978, the Va. just ignored those records.

Perhaps, they chose to not look at any of your records.

I wasn't at all pleased with your C&P by the doctor that wasn't competent to do your C&P.

Is there any mention in your denial of this exam?

They know if they grant your claim, there is the retro pay?

Just trying to help you, as I have been there, but I also got myself right back out of it again.

Josephine

Edited October 27, 2006 by Josephine

[Done wit this]

I know I have more to do . I am wondering now if I can now seek legal help from a lawyer. once they make a decision this is an option is it not? The Congressman is as pissed as me. He has told me he will be on there as ses monday as to how why and the rest of it.They never notified him like they were asked to. I know they just don't want to pay the retro . I expected that. Did not really expect them to hand me it first try. Now I guess its going to get real nasty.

It did happen in the service I walked around Saudia Arabia for months with a torn rotater cuff. I did not want there people butchering me. That I beleave was still the better decision to wait until I returned home for the surgery. I can at least use it. I don't trust them to do major work on me and they never will.

They will rate the other shoulder because the doctor wrote

No Dought begain in the service but I will have to wait on that one and they will low ball me on the left. Its all expected

Never had anything but bad happen to me on the 25 of October

had two bad car wrecks on that day 4 years apart to the day and now I got this screwed up decision on the 25 th .

The raters made a lot of mistakes with dates and things on the crap explanation they sent with the decision and the C-P Doctor made a bunch of mistakes too.

I will point it all out to everyone then I will start a new a new ball rolling

Rick Macool

[Berta]

Rick- forgot to ask yesterday but was Congressman Kuhl any help at all?

I wonder how many vets with our POA are actually getting anywhere at all with this VARO.

They will deny a claim without looking at the evidence.How can our POA stand by a allow that to occur?

Even when I pointed to this in my I-9- NYSDVA signed a 646 that did not even support this disregard for VA case law and regs as to evidence.

Their (Buffalo) remand rate as posted by Knight Ridder for a three year period was 41%.

410 claims out of every 1,000 have to be re-done.

That doesn't mean they worked on 1,000 claims,in a given time frame it means they worked on 1,410 claims by re-working the remands.

This is ridiculous.

This Varo also pulls this one- under Evidence they will list the evidence as "letters from the claimant" and then ignore the "letters" which is usually medical information they should consider.

If a veteran or widow sends an abstract regarding sound medical principles that support the claim, the VA is supposed to at least consider this as evidence.

This is spelled out clearing in the VBM, with citations.

This VARO just states under Evidence "internet printouts" and does not consider them at all.

I really got ticked when they called a VA OG Pres Op an "internet printout" and never considered it as supporting my claim.

My IMOs were not "letters" or "internet printouts" so they just disregarded them completely.

I had to get very tough with this VARO in the late 1990s.

The toughest I have gotten so far this time around is by writing to the Senate.

I enclosed a still unacknowledged letter I sent to the director of Buffalo.

The Senate letter that went to the VARO 5 days after receipt of my complaint still stills there without a reply.

This VARO has to be forced into making decisions that are sound.

I bet many vets just give up here in NY and -if they have lousy vet reps- they get no support whatsoever to continue their claims anyhow.

My long point here is- that you must continue to challenge anything negative that they decide-with probative medical evidence.

Often only a good IMO can turn it all around. Have you considered getting one?

I say that knowing that they ignored my Nov 2004 IMOs but I will not allow them to continue to ignore these or the Aug 2006 IMO either. At some point they HAVE to consider independent medical opinions that support a claim as, to continue not to is a gross violation of evidentiary regs in 38 CFR and M21-1.

After years of lack of support from the same POA, I do not depend on them at all-

and as Pete said to me not long ago- only evidence can win a claim--that is the fact of the matter-

They eventually have to read a claimant's evidence-even if it takes a battle to get them to do this-

and this is the only thing that awards service connection.

[Done wit this]

Often only a good IMO can turn it all around. Have you considered getting one?

What is a good IMO? Lost Me here?

I would like to get legal aid - A lawyer . I have conntacted lawyers about this way back in march they told me I could not be represented till They made a decision. Now that the decision has been rendered I will start contacting the ones that said they would represent me and go from there. I am sick of the VARO's games

They will have no problem connecting the left side that was done in the C P Exam Templar said it was service connected that was 15 years after the duty .

But they will turn down the right which was operated on 5 months after service in the gulf. Its all the retro pay thing . I will eventually win cause its there laws that says that even an old injury aggravated by service duty is claimable so thats what will get them . They made the rules not me.

RicK Macool

[Berta]

Rick- I meant a good independent medical opinion.

They can be costly- do you have any private doctor who could prepare an IMO?

A private medical opinion that clearly states that the disability should be service connected -with a good medical rationale as to why it should be service connected -based on all available service and post service medical records can be the best investment a veteran could make in getting a proper decision.

I have 3 IMOs- a freeby brief but very probative one-from a former VA doctor- and two from Dr. Bash-each was $2,000. They are not accumulative in any way as , when he did the second IMO he had a VA opinion to knock down , which he did very well and also referenced VA case law and regs regarding his opinions.

There is a format here at hadit that the IMO doctor should follow.

I dont know how he figures his fee-it is a case by case fee agreement. He is at

http://www.veteransmedadvisor.com/

There are other doctors too who do independent medical opinions and many vets get free ones from their private doctors.

My claims are at Regional Counsel- Pete is still trying to get me to come in to "talk" about my issues.

Your question -what is an IMO- is a valid one. But I was pretty surprised when he ,a vet rep, asked me what an IMO was 2 months ago. I dont think that office ever sees many IMOs and they dont suggest them.

I stated my issues all in a letter to him last month. I don't want to talk about them- after 3 1/2 years the division should know what they are-I did my talking-

I asked him ,since August, 3 times what claim did the VARO re-open in my behalf on August 6, 2006 and I get no answer from him--I call the RO and the 800 # people say-ask your POA- and I get no answer at all from my POA but I think I know what claim this is.

He emailed me a few days ago- but I am not even telling him my claims are at RC-why bother-

I like Pete and he seems very dedicated-

but I sure am working these claims myself- accessing even more evidence,and will get another IMO if needed -as I do not have much faith in the division's representation anymore.

However I do feel it is better to have a POA on record than to show the VARO you are going it alone.

You are the best vet rep you will ever have. In a letter I got from our mutual POA's main office, I was chastised for showing "leadership" over my claims without their input. HUH?

SOMEBODY has to step up to the plate.The rep I had for 3 years did NOTHING at all to help me and gave me terrible advise-advise against VA regs---and documented in email I showed them.

Had I listened to his advise I would be in the crapper big time.

Then they refused to help me get a remand.All I asked was for some support.

They were pretty shocked when I got the remand.

They are not in support of me for some reason- Pete seems to be however, but Rick-

regardless of having a POA and regardless of whether they help or not-and regardless of having support from Congressmen or whatever-

it still is up to us to get our claims resolved-by medical evidence.

Edited October 28, 2006 by Berta

[Berta]

Didn't Dr. Templer service connect the one shoulder but not the other?

How can they deny without even a partial grant for the service connected shoulder?

Rick- did they actually refer to this C & P at all in the recent denial?