Shout Out To Hadits Va Legal Beagles!

[Bigred122]

I don't know why the VA makes everything so complex.In 2011 I asked from NPRC some records for my claim. Some medical records I received, none of my administration records, and was told that my Mental Health record had to be sent to a DR because of the sensitive nature within that record.( I assumed that someone must have read that file to make that conclusion) I jumped thru the hoops twice by furnishing them my Drs fax number.A month later I get this letter saying no record was found or exist.Along the same line, I listed a couple of mental issues I claimed for and received a letter back from RO that I was already denied in 01/1973 on a mental issue claim.I knew I filed on my knees, but don't remember any mental health issues. So I asked them for a copy of the denial.As of this date and 3 requests I still haven't received the information. I am looking at a DRO hearing this summer.Do I have any legal recoarse, with them stating that evidence exist and yet it either disappears or they just ignore my request.Is there any VA law precedent against them holding back or hiding evidence that is beneficial to my claims.I figure asking for information 3 times is enough of an effort on my behalf. OIG as done me no good in the past. 800 number is worthless.People I know say to go to an Org or VSO for help.But I don't see how either can make a difference any better than what I have already done.With the VA holding out on my medical problems,not willing to followup on testing for Leukemia.40 yrs of high WBC counts and many more signs of leukemia showing up on current tests.Enlarged spleen, growths on last part of thyroid, cysts on kidneys and they are trying to ignore my requests for testing. I checked out civilian cancer specialist and no way can I afford the testing. They seem to shy away with anything that can be related to AO. My last visit to dermatology confirmed that. I asked technican what does Chloracne look like. She said I don't know but you don't have it. Boy did that comment speak volumes.I thought there was cases where the VA withheld evidence, but I can't find them or how they were ajudicated.I don't know how much power these DROs have, if they will request from RO evidence I already asked for, or make a decision without it as if evidence never existed. Or penalize the RO and make a completely different decision on something not claimed for. My health issues already have a ticking clock on them. But now with this leukemia thing in play, I feel the hourglass has had some of the sand removed.So if any of you VA Law experts know of any cases I can look at on what to do it is much appreciated.I have finally found out how much shyte can be piled on to my brain before it tilts. Thank you for your help! Mike

[broncovet]

Remember, the "left hand does not know what the right hand is doing" in the VA. If one person tells you "No", then ask another, and another.

Go to a different VAMC if need be. Try a different source, such as try IRIS if sending in a 21-4138 wont work. My kids figured this out long ago...if Mom says No, ask Dad, and if both say no, ask grandma.

[deanbrt]

Hoppy, in my opinion, is the best here....

[Chuck75]

BigRed, it sounds like you need to at least talk to a lawyer qualified to practice in the area of VA claims. Your description of past events sounds to me like you may have legal recourse, but I'm far from a lawyer.

[john999]

Ask for a copy of your C-File. If the 1973 denial exists it should be in your File. If it is not in your file and you don't have a copy then it does not officially exist. The VA is supposed to have a duty to send you your decision and appeal rights but after almost 40 years there is nothing you can do about them not sending it. I tried to put that in my CUE claim and it would not fly. If you can find this old decision it could open up a whole new battle for you. I had a old decision like that hidden away in my C-File and I am in process of filing CUE on it due to major errors and lack of due process. Try and find it.

John

[Bigred122]

Ask for a copy of your C-File. If the 1973 denial exists it should be in your File. If it is not in your file and you don't have a copy then it does not officially exist. The VA is supposed to have a duty to send you your decision and appeal rights but after almost 40 years there is nothing you can do about them not sending it. I tried to put that in my CUE claim and it would not fly. If you can find this old decision it could open up a whole new battle for you. I had a old decision like that hidden away in my C-File and I am in process of filing CUE on it due to major errors and lack of due process. Try and find it.

John

I've asked for my C-file 3 times since May/2011 and nothing. In my current denial they referenced the denial from 73 so it has to exist in order for them to reference to it.In December they sent me a letter stating they are working on my FOIA request. But since they don't say which FOIA they are talking about( I sent out 4 of them) it makes it difficult to proceed. I'm going to have a binder just on things like failure to assist,disappearing documents. Where they screwed up was acknowledging the documents in the first place and wanting me to jump thru the hoops, then when I'm done they say could not find them. But I have all their and my own letters to prove my case.I don't know if it will matter to the DRO, but BVA/CAVC should decide those parts of my claims to my benefit. Maybe enough for a 1972 EED.Between this BS and they are trying to deny me a leukemia test.I'm beginning to wonder what my VAMC treats. No cardiologist,no internal medicine specialist, and now I find out today no oncologist. Somebody in Seattle will decide whether or not I get the tests.I live only about a mile from a civilian cancer treatment center that can do everything to test me.But it seems like if it is AO related they just don't want to deal with it.Once this DRO hearing is over, I will have about 5 more new claims to file for that I have discovered on my continual getting of records and research. My Primary who died of cancer a couple of months ago sure didn't tell me about alot of medical problems.They have been dancing all around this leukemia diagnosis for about 5 years now.With the internet it is getting harder and harder for the VA to keep a secret. My list of AO related disabilities is up to 8 now. They know that once they grant me connection for one, they have to grant the others as well.Until this leukemia thing popped up I knew I would live long enough to win my claims. Now I'm not so sure.Things are progressing too fast now.Gonna have to do a quickie marriage just to keep them from getting to keep my benefits!! lol Mike

[Flatbroke]

Bigred, I went in for a hearing at the st. louis ro with my attorney and as we were setting there the hearing officer was flipping through my c-file and I noticed the denial from April 1970 which I had asked for copies of on at leasy 4 differant times but never recieved it.

My attornies had asked for copy of my c file and did not recieve those papers either.

So I asked for copies right then and the hearibng officer had to make copies right then and give copies to my attorney and myself.

My case is at the court of veterans afffares and has been there for over a year.