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]

Berta,

I think I could get a couple opinions written, one by the surgen that did my left side and one from my family doctor who gave me steriod shots in my shoulder joints several times both sides. And maybe get a opinion from the doctor who did the right side in 1992. He is in NJ so thats going to take some doing on my part but I will contact him this week.Could I get them to write this down on the statment forms they send us or does it have to be its own thing?

Also I wanted to tell you Congressman Kuhl has been a steady supporter of my claim and he was told that it looked real good going in to the raters dept by someone at the VARO . They never informed him of the decision or anything that has been happening with my claim . He and his staff are not happy they have been in touch already and are looking for some answers from our VARO. We will see what they come up with.

I am thinking the VARO will let the left side slide right on through to try to make them- the congressmans people, happy. It kills me that the left side is 15 years after the duty they turned down one-the right side, less then one year after service?

War is a dirty battle

Rick Macool

Edited October 28, 2006 by macool

[Berta]

Rick-getting any of those opinions would be VERY helpful to your claim-

do I understand this right- even though Templer SCed one shoulder and not the other -the VA denied on the shoulder he service connected?

Their opinions should be on their letterhead. They will need copies of all of your medical records.

If you have the C & P opinion that is good for them to see too.

They should state their qualifications as to what gives them a rationale for their opinion.

They should medically opine that the disability/ies is "more than likely" due to the inservice problem,

or " as likely as not" but the 'more than likely' is better.

They should also state that the shoulder disability was prevalent in service and refer to the SMRs.They should associate the other shoulder disability as secondary to the inservice one and state medically why this is possible-due to overdependence on using one arm, or whatever -would medically show that one shoulder problem could cause an additional shoulder problem.

I believe there is a format here at hadit for an IMO.

With mine Dr. Bash stated all of the medical the records he used.

He specified ECHO, MRI, autopsy and stated his Neuroradiology background gave him expertise to opine on the MRI results, etc.

He added that Rod's brain damage was consistent with that of thousands of MRIs of diabetics that he had read.

He used a medical treatise to support that Rod had PAD-consistent with diabetes.

He noted high glucose readings.

He also used past SSOCs and other VA documents to support his finds.

He diplomatically let them know he was aware of the past misdiagnosed conditions that caused Rod's death and was confident in his opinion on this additional misdiagnosed condition.He stated the veteran had no other know etiology for DMII but for Agent Orange exposure.

He added a 9 or 10 page Curriculum Vitae of his background.

In other words the IMO doc needs to see all medical records, and then have a strong medical basis to opine on service connection as well as a background that would be consistent to the disability.

In the second IMO he refered to another medical abstract and mentioned that I had sent him significant medical information that also supported the opinion-(which VA ignored)forget how he had put that-

and he took apart the VA med opinion and said it was medically inaccurate and told them why.

An IMO doctor has to more or less prove their point with their background and by assessing the medical

information -they have to highlight with medical rationale- the evidence's support for service connection.

I mean- an IMO from a shrink to support a diabetes claim won't work.

And an opinion from an internist to support inservice bopolar disorder wont work.

But the actual surgeon's report with -not only support for the inservice problem but also to show continued disability- would work.

The VA sent you VCAA letters- didn't they suggest getting independent medical opinions?

You would think Pete would have too-

Edited October 28, 2006 by Berta

[Josephine]

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?

Macool,

It might be helpful for you and the others on the site, if you start a new Topic- Why was I denied? Just give a brief synopsis of your claim and your denial.

Just make it brief.

You have over 121 pages in your thread and I am sorry, but I can't follow all in your claim.

Are you with a Rater, DRO? Are you in Appeals.

Just trying to help you,

Josephine

[Done wit this]

Berta,

Quote.

do I understand this right- even though Templer SCed one shoulder and not the other -the VA denied on the shoulder he service connected

Templar Connected the left shoulder with more likely and Said the right was not likely. He made errors on the CP exam report,dates and things . I really still think the old guy was confused and that statement is also in the cp exam report he states he was trying to make sence of the file and says it was confusing to him . He was lost.

How could he connect a shoulder that became disabled 15 years after the Gulf Duty and Not connect a shoulder that happened within 6 months of returning home?

Think he had orders to make that happen , I don't think it will hold up in appeals especialy if the left gets connected ,and he states that the left shoulder NO Dought happened because of the overuse syndrome That statement is in the CP exam ! 15 years later but not 6 months later yea right

War is a nasty game

Rick Macool

[Josephine]

Macool,

I don't mean to keep coming into you and Berta's conversation.

You can tell me to butt out.

I am at the BVA with the AMC and ready to come out of it, due to the same circumstances that you are facing. Medical records never seen before by the Va. This is the same in your case. Correct?

It was my understanding that you were denied for service connection for both shoulders, due to the evidence of the SMR'S which you turned in were not New and Material in evidence.

Stating that the Va. had the service records, which you turned in yourself, as being in your records since your first filing. This is is what I understood your decision to be.

Is this a correct statement?

How could he connect a shoulder that became disabled 15 years after the Gulf Duty and Not connect a shoulder that happened within 6 months of returning home?

Money!!

I hate to see someone else go around the same Mulberry Bush, that I have been around and around.

Josephine

Edited October 28, 2006 by Josephine

[Done wit this]

Your right it the retro money thing,Retros great but they won't just give it to us we have to fight for it .

When I first refiled in march I did not know about the retro thing All i wanted was the benefits for me and my family retraining being no1 on my list The retro thing is now my big problem. They will fight me as long as they can.

My smrs I sent to them were for both shoulders They are listed in my new decision as being part of the things used for the decision

In my first denied decision in 1997 they used the lack of them files to denie me that was the reson they denied me now I,ve sent them the smrs and they still denied me . Its all because of the retro, retro would be nice but I need the comp I can't work my occupation anymore. Two bad shoulders = can't work

This sucks

Macool