Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

13 Year Old Claim From Kkmc Desert Storm

Rate this question


Done wit this

Question

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

Link to comment
Share on other sites

  • Answers 172
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Time

If the VA knew medical records existed and where to find them and did not act on that knowledge then that would be CUE. Am I right? That is almost the definition of CUE from what I have read.

John

I sure hope your right.Thats pretty much how I see it too .The evidence was there The VA just did not use it cause I did not have it.They would not Use it to help me win my Claim .I don't beleive they work to settle it in Our favors .unless you have the files they won't use them. Thats my take on it.

Thats my thoughts - Rick

Link to comment
Share on other sites

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

*******************************************************************************

JULY 15 2006 WHAT I DID TO GET IT GOING AFTER TALKING WITH EVERYONE YESTERDAY _THANKS

Well did a few things yesterday to move the claim along ! # 1 I called my SO and left him a message ,Asking him about his Thought on a CUE .I've been told that he is a good one, so I figured I would get his thought on the QUE . #2 I emailed the VARO and asked them if they had all they needed from me. They repleyed with a -The RO sent for my records From the National Perrsonel Records Center .So I emailed them Back and explained the steps I, took to get the files so as though they know how to get the ones needed. Then I got on The national perrsonel records centers site - Vara - Veterecs and ordered them myself with specific dates times duty locations the whole bit. I had them sent directly to the regional office to the regional Office manager Ms Susan E. Kloc. This way I know she will receive the right ones . I will Next monday follow up on these and Call my SO and talk with him ,He will probably think I'm a pain in the A$$. Thats okay I need to know His thoughts . To make sure were on the same page. I know the RO has my Medical records copys I've sent, they said they were in the systemweeks ago .I sent 4 copys of the med files certified with copys of the Denied decision from 1993 claim and they have copys of the medical files that the claim was denied because they the VA, would not find - or use The Lack of evidience They have it Now The Missing files that Prove the claim was not decided on the facts and that they did not asist me in getting .Do You think Its ready for A QUE?????

20 minds are better then one-Rick

Edited by macool
Link to comment
Share on other sites

I have a 2 page letter here from Susan Kloc-prepared after a meeting with my vet rep to get my issues clarified. I had to correct it and send it back to her-

One of the errors she made was a highly erroneous application of established VA Case law.

I am informing her boss of it this week-her boss is Donna Terrill acting Director.

If you have Pete Glia and Rick at the Bath VAMC NYSDVA-they know me well- Berta Simmons-

I suggest you email Ms Kloc via the VA query site and ask her for a confirmation of what you sent to her.

Regardless of whether this is faxed or sent priority or whatever-

just my opinion-

I also have to state that in my case- the VARO in Buffalo took over three years to award my claims in the 1990s and are over three years with the main claim filed in 2003.

However one of my 1151 vets- I got him 100% in less than 4 months at this VARO and I helped a vet submit a TDIU app with no rating at all and he got 100% TDIU in 3 months at this VARO.Two other vets I helped however-it took them 12 years in each case to award.But they did award the benefit-one guy got almost 200,000 in retro and wanted to take me to lunch- in Europe.

In any event my point is that it is impossible to determine how long this VARO will take to handle your claim

If you put Buffalo into the BVA browser you will see what I mean- the first 5 hits are remands because they didnt do something right- except for the second hit- he died waiting for them to decide his claim right.

Link to comment
Share on other sites

I have a 2 page letter here from Susan Kloc-prepared after a meeting with my vet rep to get my issues clarified. I had to correct it and send it back to her-

One of the errors she made was a highly erroneous application of established VA Case law.

I am informing her boss of it this week-her boss is Donna Terrill acting Director.

If you have Pete Glia and Rick at the Bath VAMC NYSDVA-they know me well- Berta Simmons-

I suggest you email Ms Kloc via the VA query site and ask her for a confirmation of what you sent to her.

Regardless of whether this is faxed or sent priority or whatever-

just my opinion-

I also have to state that in my case- the VARO in Buffalo took over three years to award my claims in the 1990s and are over three years with the main claim filed in 2003.

However one of my 1151 vets- I got him 100% in less than 4 months at this VARO and I helped a vet submit a TDIU app with no rating at all and he got 100% TDIU in 3 months at this VARO.Two other vets I helped however-it took them 12 years in each case to award.But they did award the benefit-one guy got almost 200,000 in retro and wanted to take me to lunch- in Europe.

In any event my point is that it is impossible to determine how long this VARO will take to handle your claim

If you put Buffalo into the BVA browser you will see what I mean- the first 5 hits are remands because they didnt do something right- except for the second hit- he died waiting for them to decide his claim right.

Berta

I have Called the buffalo office about one month ago and they said my medical files were there.That I beleave is the # 1 Thing for me to make sure is there, that Kind of proves that the decision they made on my 1993 claim was a cue .I also sent copy of the decision stating that the claim was denied because of lack of med files stating that it was turned down cause of the lack of them Med files.They have them I talked with a conseller steve from the buff regional office he said they were there too . pete has a set too and so does the Bath VAMC. gave them there own copys figure every one will have a set . No since in hiding them for 15 years , Like they did to me . Ms Susan E.Kloc is a peice of work . She has asked me for things That don't have one thing to do with The claim of mine . and I have had to write her back and tell her that this has no reason to be even included in my files . a dd214 from first active duty time of mine from before desert storm and she had the dates perfect for the active duty that I had done .She had to have that info from someplace. Think she was just trying to put me off again for a while .I told her to please make the decision .And that that dd214 had nothing to to with my current claim.I am going to talk to Pete this week and hear his thoughts on a cue. from what I have learned so far Susan Kloc is not going to help anyone.she knows I've got 5 kids and can't do my job anymore .she is still trying to hold me up. They must pay her to hold things up on vets claims and shes good at it.

Link to comment
Share on other sites

Rick-

I was very happy to report my personal documentation here of Susan Kloc's lousy work-just got it in the mail-sent not only to her boss but also to the Senate Veterans Affairs Committee on the backlog.(Chairman Craig)

They seem to pick and choose-

some claimants fly right through the Buffalo VARO-

others -they deny their basic rights, and ignore the evidence and then set them up for BVA remands.

They then take the 930 code and an end product and this appears on the workload reports as if they have actually worked the claim.

The IG sent me a nice letter telling me that my past complaint about them was not within their jurisdiction.

However, the IG is fully aware of how crappy some of the work is at these regional offices.

A IG survey in 2005 revealed that almost 60% of VA claims workers made improper decisions-by their own admissions- because they didnt have the time to do the claim right or read the evidence.

Good thing these people aren't working for Homeland security or the State Department or NSA or the CIA.

I told the IG (and they did contact the VARO-maybe that is why they are screwing with me now)

that tax payers, such as those men and women over in Harm's way fighting as well as former disabled veterans certainly have a right to expect that the federal gov will hire people capable of doing their jobs-otherwise it is fraud, abuse , and waste of the tax payers money.

I just got email from one my vet friends who -after 23 years-is getting closer to resolve of his claims at Buffalo. 23 years.

Somewhere I have a secret phone number and fax for someone at Buffalo-you are no where needing to use it yet and neither am I. Pete is an excellent vet rep.

But keep that in mind.

Bath VAMC- been going there for 20 years. It is quite beautiful-

I could write quite a book about this place, however.

Link to comment
Share on other sites

Berta

It's kind of hard to sit and wait for Susan Kloc to do anything! I have been thinking about doing some complaining too . But I figure I know the RO does have the Medical files and I here great thing's about Pete. I emailed pete and asked him what his thoughts were on the QUE . From what I read I would say I've got a good chance because of the facts the Med Files would have proved the case when Filed, if they had filled there duty to Asist. You would think Ms Kloc could see that too ,But as I said before she is there to say- No claim- not to help Veterans. Thats got to be one really bad job . Makes you wonder how she sleeps at night.

Rick Macool

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use