How Do I Prevent Unnecessary Delays In My Disability Claim?

[georgiapapa]

Based on comments I have seen on some posts by other members it appears I have unknowingly put some obstacles in my way prior to submitting my latest disability claim. I am concerned that my new disability claim will be delayed or put on hold until the VARO resolves two pending issues I have with the VARO including an appointment request to review my c-file and a request to correct my birthdate in my VA records. . I submitted these requests to the Atlanta VARO in July 2011 but they have not been resolved as of this date. I am concerned that my new disability claim will now be delayed or on hold until the VARO resolves my two previous issues (appointment for c-file review & birthdate correction). I could withdraw my request to review my c-file if this will keep my latest claim from being delayed but the birthdate correction issue has created problems with me accessing myhealthevet and ebenefits.

I submitted an informal claim for disability compensation to the Atlanta VARO in October 2011 followed by a formal claim in November 2011 via certified mail. My formal claim package included military records showing service on the ground in Vietnam in 1967 & 1968, letters from two different oncologists verifying my diagnosis of Multiple Myeloma and medical lab reports supporting the doctor's diagnosis. Since Multiple Myeloma is one of the diseases listed on the VA's presumptive list, I do not anticipate problems with service connection of my disease.

So far, I received my green card back from the VARO proving receipt of my formal claim package but I have not received any other documentation from the VARO at this time. During my last completed disability claim in 2010, I received a letter from the VA acknowledging they had received my claim about a month after I submitted my formal claim and about two months later I received the "duty to assist" letter from the VA. I have not received either of these with my latest claim.

QUESTION: Should I ask the VARO to cancel my request to review my c-file?

QUESTION: Should I ask the VARO to cancel my request to correct my birthdate at this time and make a new request after my latest disability claim has been decided?

QUESTION: Is there a quick way to get the VA to make a simple correction to a veteran's birthdate?

NOTE: The VARO already has my military records with my correct birthdate and I have provided the VAMC and VARO with copies of my DD-214 and drivers license with proof of my correct birthdate.

Any suggestions would be appreciated.

Thanks...Georgiapapa

[georgiapapa]

Broncovet, I do appreciate advice and input from the members of this forum. However, it appears you did not read my posts related to this topic in their entireity. I realize I do not have the vast knowledge of the disability claims process of many here on this forum, especially Berta or Carlie, but this is also not my first claim.

I have several medical issues which I believe are service connected but I have been trying to get my ducks in a row before filing a claim for these issues. When I requested an appointment to review my C-file it was to review the information in the file related to a 1968 shoulder injury from a jeep accident in Vietnam. I am currently receiving 10% for this injury and I am gathering new evidence for a request to increase my rating for this injury. My FOIA/PA request had nothing to do with my latest disability claim for Multiple Myeloma.

In 2010, I filed a claim for service connected bilateral hearing loss and tinnitus. By following the advice of hadit members such as Berta and Carlie, I won my claim without any appeals in June 2011 and was granted 10% for hearing loss and 10% for tinnitus.

In late 2010 I was diagnosed with smoldering multiple myeloma and was advised by fellow hadit members to file a claim without delay. Unfortunately I did not listen to them and I waited several months hoping further testing would determine I had been misdiagnosed. After receiving the results of my last bone marrow biopsy in October 2011, which was worse than previous results, I knew the diagnosis was correct and decided it was time to file a claim. In late October 2011 I filed an informal claim and in late November 2011 I had gathered and organized all of my evidence and submitted my formal claim with evidence to the VARO following the instructions given on this web site. Although the VARO already had copies of my military service records, I resubmitted copies of same along with letters from two different oncologists confirming my diagnosis of multiple myeloma. I also submitted copies of my lab reports supporting the letters from the doctors.

You made the following comments in your reponse which may be good advice on most claims involving a condition which is mentioned in a veteran's service medical records ( if you leave out the condescending tone) but really have nothing to do with my particular situation:

"if you don't know what is in your file, your claim is likely to be denied."

"You should have made that request from the get go, but you probably thought, Gee, the VA is the government and they won't shred or lose my evidence."

"A two month delay while the VA does your FOIA is far better than the VA denying your claim because, your SMR's do not show evidence of (condition claimed)......when you have your SMR's and know that they do, in fact, have said evidence."

"Bottom Line: If you don't have the time to do it right the first time (with your C file as evidence), WHEN are your going to have time to do it over and appeal it?"

According to the information I obtained on this site, the only evidence I need for my claim for multiple myeloma is proof of my service on the ground in Vietnam during the applicable time period and proof of a medical diagnosis of multiple myeloma. In the event you didn't know it, multiple myeloma is one of the diseases listed on the agent orange presumptive list. There is nothing in my Service Medical Records showing anything about multiple myeloma and I can not think of anything in the C-file which would help my multiple myeloma claim other than my service records showing service in Vietnam. NOTE AGAIN: According to the VARO, my latest FOIA/PA request will only allow me to review information submitted prior to October 16, 2011 as stated in my previous post. I did not submit a claim for multiple myeloma until late October 2011.

Also, I realize the claims process is a long process. The purpose of my original question was only to find out if I should withdraw my FOIA/PA request to prevent my multiple myeloma claim from being delayed any longer than necessary. I appreciate your input Broncovet because I know you are trying to keep me and other members from making mistakes you made but I would suggest responding to questions without sarcasm or the condescending tone, even to less knowlegeable members.

Georgiapapa

[71M10]

Georgiapapa,

I don't think he was being condescending, I think exasperated would be more fitting. Regardless of his tone, his intent is to be helpful.

Best regards,

[georgiapapa]

71M10

I have no doubt that Broncovet's intention was to help me. It is obvious that he is trying to keep fellow hadit members from making some of the same mistakes he made. Please understand I welcome constructive criticism when the criticism is applicable to the particular situation. I also definitely understand exasperation, as do most hadit members who are fighting with the VA while also trying to deal with their health problems.

However, I really think if he had carefully read all of my posts on this topic he may have given a different response and perhaps with a different tone. My intention in responding back to Broncovet was sent as constructive criticism and also meant to help him. I hope Broncovet takes my response this way because I value his opinion as I do many others on this forum.

Sincerely Georgiapapa...

[broncovet]

I was not trying to insult anyone. I have been on hadit since prior to 2008 when the "shreddergate" scandal hit.

I apologize if you think I was anything but trying to help.

Since you are new, you may not have heard of the "October incident".

http://www.veteranaid.org/docs/vashreds.pdf

The VAOIG did a report, about OCT. 2008, when a VAOIG inspection revealed that, in 41 out of 57 RO's, they found hundreds of Veterans evidence inappropriately in the shredder bin.

Later, they found out the VFW, too, was getting in on the act and shredding Vets evidence:

http://www.jsonline.com/watchdog/pi/100740139.html

While the VA was supposed to have "fixed" this problem, my experience has been that there are still way too many discrepencies between what evidence the VA actually has, and what they should have.

The only real way to know for sure what evidence the VA has is to order a copy and look for yourself. As for me, I am not taking that gamble that the "controls the VA put in place to prevent shredding" worked.

[georgiapapa]

Broncovet

No apology necessary. I know you were trying to help. As far as I am concerned we have no problems with each other. Our problems are with the VA. I hope you will still give me your input when I have questions in the future. If I can help you in anyway I will. Good luck in your future endeavors with the VA.

Georgiapapa...

[georgiapapa]

Update:

After waiting 8 months for an appointment to view my C-file I decided to follow Deanbirt's advice and cancel my FOIA/PA request at the Atlanta RO.

I sent a letter to the Atlanta RO via certified mail on March 12, 2012 advising them I wanted to cancel my FOIA/PA request. They received the letter on March 13th and according to my ebenefits page the FOIA/PA request was cancelled on March 19th. It is amazing how fast the VA works when it comes to closing an issue.

Now I only have one claim pending with the Atlanta RO for my multiple myeloma due to exposure from Agent Orange herbicide. I am hoping the cancellation of my FOIA/PA request (which was treated as a claim) will reduce the processing time on my disability claim.

My thanks to everyone who provided me with advice.

Georgiapapa...