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

[john999]

MacCool

I forget but are you waiting for your initial rating? If you are waiting for the initial rating or any rating and the VA sends you the Assistence letter asking for records etc I write on the form that the VA has all the information and that I want them to make the decision based on the information they have in the file.

You don't want a DRO until you get your initial rating. Call the VA and ask them if there is anything else they need to rate your claim or if they are waiting for something. Make them look it up on the computer.

[timetowinarace]

As I stated, I also was denied a claim for "no records of accident or injury" and I did not appeal in time. When I did get the records I reopened the claim.

I then reviewed my c-file and found that the VARO NEVER REQUESTED MY RECORDS even though I had submitted two forms indicating the date and facility that had treated me for the injury. This IS CUE.

However, I did not have to file CUE. When I was awarded my re-opened claim, the VARO called CUE on themselves and awarded the EED. I will add that I had made it quite clear that I knew the law and of VARO's violation of it.

As to the origanal question, the only way to speed up the process is to file for an expidited decision for financial or other hardship. Still it is a long wait.

I strongly suggest reviewing c-file to find evidence present that the VARO had information as to the aproximate date and treating facility of the medical condition on the original claim. That is the information they needed to request these records. If they had the information and denied your claim based on SMR's (that do not have this type of records in them for Gulf War era) they MUST have written statement from the facility that should have them that they do not exist. No signed statement that the records do not exist equals CUE. In my case they did not even REQUEST my records.

2) Obtaining records in the custody of a Federal department or agency. VA will make as many requests as are necessary to obtain relevant records from a Federal department or agency. These records include but are not limited to military records, including service medical records; medical and other records from VA medical facilities; records from non-VA facilities providing examination or treatment at VA expense; and records from other Federal agencies, such as the Social Security Administration. VA will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile. Cases in which VA may conclude that no further efforts are required include those in which the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them.

(i) The claimant must cooperate fully with VA's reasonable efforts to obtain relevant records from Federal agency or department custodians. If requested by VA, the claimant must provide enough information to identify and locate the existing records, including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided. In the case of records requested to corroborate a claimed stressful event in service, the claimant must provide information sufficient for the records custodian to conduct a search of the corroborative records.

(ii) If necessary, the claimant must authorize the release of existing records in a form acceptable to the custodian or agency holding the records.

(Authority: 38 U.S.C. 5103A()

(3) Obtaining records in compensation claims. In a claim for disability compensation, VA will make efforts to obtain the claimant's service medical records, if relevant to the claim; other relevant records pertaining to the claimant's active military, naval or air service that are held or maintained by a governmental entity; VA medical records or records of examination or treatment at non-VA facilities authorized by VA; and any other relevant records held by any Federal department or agency. The claimant must provide enough information to identify and locate the existing records including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided.

(Authority: 38 U.S.C. 5103A©)

Time

[Done wit this]

As I stated, I also was denied a claim for "no records of accident or injury" and I did not appeal in time. When I did get the records I reopened the claim.

I then reviewed my c-file and found that the VARO NEVER REQUESTED MY RECORDS even though I had submitted two forms indicating the date and facility that had treated me for the injury. This IS CUE.

However, I did not have to file CUE. When I was awarded my re-opened claim, the VARO called CUE on themselves and awarded the EED. I will add that I had made it quite clear that I knew the law and of VARO's violation of it.

As to the origanal question, the only way to speed up the process is to file for an expidited decision for financial or other hardship. Still it is a long wait.

I strongly suggest reviewing c-file to find evidence present that the VARO had information as to the aproximate date and treating facility of the medical condition on the original claim. That is the information they needed to request these records. If they had the information and denied your claim based on SMR's (that do not have this type of records in them for Gulf War era) they MUST have written statement from the facility that should have them that they do not exist. No signed statement that the records do not exist equals CUE. In my case they did not even REQUEST my records.

2) Obtaining records in the custody of a Federal department or agency. VA will make as many requests as are necessary to obtain relevant records from a Federal department or agency. These records include but are not limited to military records, including service medical records; medical and other records from VA medical facilities; records from non-VA facilities providing examination or treatment at VA expense; and records from other Federal agencies, such as the Social Security Administration. VA will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile. Cases in which VA may conclude that no further efforts are required include those in which the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them.

(i) The claimant must cooperate fully with VA's reasonable efforts to obtain relevant records from Federal agency or department custodians. If requested by VA, the claimant must provide enough information to identify and locate the existing records, including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided. In the case of records requested to corroborate a claimed stressful event in service, the claimant must provide information sufficient for the records custodian to conduct a search of the corroborative records.

(ii) If necessary, the claimant must authorize the release of existing records in a form acceptable to the custodian or agency holding the records.

(Authority: 38 U.S.C. 5103A()

(3) Obtaining records in compensation claims. In a claim for disability compensation, VA will make efforts to obtain the claimant's service medical records, if relevant to the claim; other relevant records pertaining to the claimant's active military, naval or air service that are held or maintained by a governmental entity; VA medical records or records of examination or treatment at non-VA facilities authorized by VA; and any other relevant records held by any Federal department or agency. The claimant must provide enough information to identify and locate the existing records including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided.

(Authority: 38 U.S.C. 5103A©)

Time

[Done wit this]

timetowin

The Original Claim Was Opened with all info needed to find the records from the time injury happened, the Place the Injury happened, the approx dates it happened ,what I was seen for ,and about how many times I was seen.The RO in winston salem NC Tryed to find them and I tryed to find them too, but could not locate them and the RO made the decision without the Medical files. It was Denied because of lack of medical files that proved it was service connected.I kept trying to locate the files because I knew they the files had to be somewhere? Took a lot of years to get the files but I did so if I did, then the- VA - you would think could get them . I am kind of hopeing that with the existing Medical files Now introduced that the RO in Buffalo NY will do the right thing and save me the Cue filing thing too .It is being called a reopened claim now. Does this mean that they are going to give me the back moneys to? 15 years ago I started this fight to get my comp sure would be nice to be able to put an end to this battle.

Macool

[timetowinarace]

That is why you need to review your c-file.

If there is not a signed letter in there from the facility that had control over the records requested/or not requested, that the records no longer exsist or cannot be found, then your effective date should be back to the original claim.

I can guess with a high degree of certainty that you found your records in St. Louis with the treating facilities records. All treating medical facility records were sent to St. louis to be stored and were not added to servicemen's medical records. They are still stored by facility and not by service member.

I can also guess with my experience with VA procedure that the VARO NEVER specifically requested your treatment records and only your SMR's. When the information was not in your SMR's they KNOWINGLY denied your claim without looking farther. They give the impression to the ignorant disabled Vet that they have requested the needed records when in fact they recieve the SMR's and look no further. I thought they had looked for mine untill I reviewed my c-file and found no request for the records that would prove my claim.

I had sent a letter to my Senator explaining that the VA broke no less than eight Laws to deny my claim. And listed them. This letter was sent to the VA for explaination by the Senator's office. I feel that I did not have to file CUE because the VARO was well aware that I would.

Unfortunaley you cannot file CUE for EED untill you have been service connected and rated. Then you can file IF they do not give you the original claim date. Hopefully they will do it on there own.

Luck to ya.

Time

[Done wit this]

***************AUGUST 14,2006***********************************

Today I have received some news- my pending disability Claim, it is within the Adjudication Division, the last movement was, July 31 2006.The VA tell's me to keep them posted with current address and phone number so if they need further info they can get the info from me and if a decision is rendered I can be notified in a timely matter.

Rendered means given up, think about the way that is worded "Rendered" ? sounds like Some one surrendering in a war . Do you beleave that Sh!#.

My SO Rep wants me in his Office Thursday at 10:00 A.M. to Reveiw the file. Can't wait . . But he is saying we can call the VARO when I am there, to ask for a quick resolution. I've been on this since Febuary Quick has come and gone.

The VA has had the Medical Files since March 1st that the Orginal Decision was denied for, because of lack of- them files. It's a no brainer. A six year old could come up with the decision

Makes me wonder if this all Moved along because of the Letter and copy's of medical files and denied decision from 1997,I sent Mr Larry Craig _ Chairman -U.S. Senate Committee on Veterans Affairs. I sent that on july 27,2006 my claim moved forward on the 31 of july, now everyone wants to do there job there being paid for!! noisy wheels get oiled.

"Hope I am right about this "and the Buffalo NY VARO Manager Ms Susan E.Kloc gets a good old fashion a$$ chewing.

This is good I feel like I am getting someplace.winning the ground battle. Does anyone know what that the adjudication division does. And my SO Rep says that my claim or file was with the rater is this the same as the Adjudication Division. I'm guessing yes.am I getting rated for service connection or are they rating my % for injurys?

Macool

Edited August 14, 2006 by macool