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

[Hoppy]

Big Red,

I still get a kick out of seeing the drawing of you in the barrel of AO. I wonder how many people know what that is all about.

"But I have all their and my own letters to prove my case." What case. are we still talking about the AO or other claims?

They say they have mental health records that they can only release to a doctor. It sounds to me like some doctor at sick call noted some symptoms of mental issues or you actually were diagnosed by a psychiatrist. If you did not read your records while you were on active duty you would not have noticed the notations made by sick call doctors or diagnoses made by specialists. They made these types of notes just so other doctors in the clinic would know they thought you were a psych case. They would not even tell you they put the notes or diagnoses in the file. Then they would tell you verbally to your face you will be fine or that you do not have sufficient mental health issues to require any more discussion on the matter and send you back to full duty.

If there were any notes or diagnoses of mental health issues the VA would automatically adjudicate a mental health claim and deny it at the time of your initial post service filing for any service connected conditions even though you did not file a menatl health claim. I am not sure why they did this. I just know they did it. They might have been required to consider that first initial filing within one year from discharge to be a request to service connect all identifiable issues and not just the issues claimed by the veteran.

The fact that there might be a denial and symptoms of mental health issues noted in the SMR could open the door to your current mental health claims. This is because you would have been diagnosed in the 70's under the DSM II. The DSM II was a broken inacurate diagnostic tool. I have assisted quite a number of veterans get those old symptoms reviewed and re-diagnosed under criteria of the DSM IV and service connected decades after their discharge.

As far as your problems go with the c-file I got so frustrated that they would not provide me with a copy I was about to go nuts. Then my SO told me to ask to see the file rather than get a copy. This went really quick and they sat me in a room with a desk and brought the file in and set it on the desk and let me review the file to see what was in there. When I wrote my position papers I referred to the documents with specific notations that the report was in the file during my review and this is what the documents stated. Maybe the administrative laws are different when you ask to see the file than when you ask for a copy. It is very common for veterans to complain that numerous requests for a copy of the C-file were ignored by the RO.

[broncovet]

Hoppy

That makes sense. The Vet asks for a copy of his file under the FOIA, and the VA ignores this. Then, he requests to "see his C file". This is likely another department, and he gets his copy. Its tricks like this that help Vets get through the maze. Thanks...great post.

[Bigred122]

Big Red,

I still get a kick out of seeing the drawing of you in the barrel of AO. I wonder how many people know what that is all about.

"But I have all their and my own letters to prove my case." What case. are we still talking about the AO or other claims?

They say they have mental health records that they can only release to a doctor. It sounds to me like some doctor at sick call noted some symptoms of mental issues or you actually were diagnosed by a psychiatrist. If you did not read your records while you were on active duty you would not have noticed the notations made by sick call doctors or diagnoses made by specialists. They made these types of notes just so other doctors in the clinic would know they thought you were a psych case. They would not even tell you they put the notes or diagnoses in the file. Then they would tell you verbally to your face you will be fine or that you do not have sufficient mental health issues to require any more discussion on the matter and send you back to full duty.

If there were any notes or diagnoses of mental health issues the VA would automatically adjudicate a mental health claim and deny it at the time of your initial post service filing for any service connected conditions even though you did not file a menatl health claim. I am not sure why they did this. I just know they did it. They might have been required to consider that first initial filing within one year from discharge to be a request to service connect all identifiable issues and not just the issues claimed by the veteran.

The fact that there might be a denial and symptoms of mental health issues noted in the SMR could open the door to your current mental health claims. This is because you would have been diagnosed in the 70's under the DSM II. The DSM II was a broken inacurate diagnostic tool. I have assisted quite a number of veterans get those old symptoms reviewed and re-diagnosed under criteria of the DSM IV and service connected decades after their discharge.

As far as your problems go with the c-file I got so frustrated that they would not provide me with a copy I was about to go nuts. Then my SO told me to ask to see the file rather than get a copy. This went really quick and they sat me in a room with a desk and brought the file in and set it on the desk and let me review the file to see what was in there. When I wrote my position papers I referred to the documents with specific notations that the report was in the file during my review and this is what the documents stated. Maybe the administrative laws are different when you ask to see the file than when you ask for a copy. It is very common for veterans to complain that numerous requests for a copy of the C-file were ignored by the RO.

Hoppy, Vets know and LOVE my avatar! This is my original claim from 08/10, a 1151 and mostly AO related items.(soon to be up to 8).My visit was to a Mental health Dr but I don't know which type because I didn't get any medication.We talked for at least a couple of hours and he said he would take care of it. I heard nothing else about it for about 6 months when I was processing out.At that time when you processed out, you had to go to each place on your list and sign out your records.When I got to the mental health dept. the Dr said" What are you still doing here.Isigned for you to be released 6 months ago."No one had ever told me of this.When I got back to my company ,I asked my captain why wasn't I released and he said I wasn't bad enough to let out of the service at that time.After I signed out the records, I never looked at them,so I don't know what they said.I had a guard watching me which made a minor difference on whether to look or not.lol When I processed out in Oakland, I filled out paperwork for disability on my knees.I don't remember putting down any mental item.I was just glad to get out.A couple of months after discharge I was having some adjustment problems and went to local VAMC for help.Thirteen hours later I got the VA kiss off and left.The main reason I never returned to a VA hospital for 20 years. A month later I attempted suicide. My knees were denied because my boss said I had already missed enough work by being in the service and he wouldn't let me go to the exam. So choice was job or maybe $30 disability payment. Easy choice. I still don't believe I filed for any mental issues.Thats why I wanted the copy of denial. As for the C-file, I am about 500 miles from the RO and due to health reasons I don't travel well anymore.I must have a red flag on my file because no attorney will represent me, no Veteran Orgs will help me and now my VAMC won't tell me of any health issues that maybe connected to AO.In getting some old records a find a red flag from 08/2008 that I have more growths on whats left of my thyroid. 40+ years of raised WBCs and up and down RBCs,enlarged spleen,cysts on kidneys,polycythemia, dysnea and a few other markers are pointing to leukemia/CLL now.For a few years now they have named everything around it but the word itself.They are trying to deny me the test to confirm or deny leukemia.My grandparents donated a 1/3 of their estate to the local MSTI group here. I have even now stooped to asking them to donate just the tests to confirm what I already know.I can't trust the VA to tell me the truth anymore. I'm hoping this civilian org will answer my pleas.It's amazing how much pride that I have had to swallow since I returned to the VA for my medical care.I never would have thought in my life time that I would ask for a org to donate their services to me. My kids maybe, but not for myself.Due to my disabilities, I can no longer "Stand Tall"! So far in my separate binder, I have copies of my,NPRC and the ROs letters about these issues.Copies of Duty to assist and Due process cases and hoping to find some other case law examples against them holding back evidence that is beneficial to the veteran. Thank you everyone for your post! And Thank You Tbird for giving me this place to vent! Mike

[Hoppy]

Mike,

polycythemia, dysnea

My mom had polycythemia vera. I am not sure what the difference is between vera and dysnea. Vera is considered terminal. However, she was told with medication she can live as long as twenty years. It degrades into terminal rapid onset leukemia.

I am pretty familiar with the situation you encountered with the doctors and your CO. I have helped several veterans with similar situations. The doctor you saw was very likely a psychiatrist. They have the authority to request a med board or to recommend that your CO give you an administrative discharge. It is only a recommendation and the CO is not required to act on the recommendation. Back then the CO's usually ignored the recommendations or transferred the "problem enlisted person" to a less likeable duty station or even non judicial punishment. I was told that in the sixties and seventies that the military was discharging 10% of the first enlistment personnel because they had recommendations from a psychiatrist for an administrative discharge. Some CO's considered this a high rate and treated individuals with this type of recommendation in such a manner as to be a disincentive for other troops to see a psychiatrist.

Long story short, the RO saw that report and adjudicated a mental health claim even though you did not file a mental health claim. I could probably guess the diagnosis they gave you in the military. However, I feel that you should get that information from the reports when they release them. Turning that interview you had in the military into a post service initial diagnosis of a service connectable mental health claim will be an uphill battle and depend heavily on symptoms noted in the SMR and post service history.

Edited January 31, 2012 by Hoppy

[Bigred122]

Mike,

polycythemia, dysnea

My mom had polycythemia vera. I am not sure what the difference is between vera and dysnea. Vera is considered terminal. However, she was told with medication she can live as long as twenty years. It degrades into terminal rapid onset leukemia.

I am pretty familiar with the situation you encountered with the doctors and your CO. I have helped several veterans with similar situations. The doctor you saw was very likely a psychiatrist. They have the authority to request a med board or to recommend that your CO give you an administrative discharge. It is only a recommendation and the CO is not required to act on the recommendation. Back then the CO's usually ignored the recommendations or transferred the "problem enlisted person" to a less likeable duty station or even non judicial punishment. I was told that in the sixties and seventies that the military was discharging 10% of the first enlistment personnel because they had recommendations from a psychiatrist for an administrative discharge. Some CO's considered this a high rate and treated individuals with this type of recommendation in such a manner as to be a disincentive for other troops to see a psychiatrist.

Long story short, the RO saw that report and adjudicated a mental health claim even though you did not file a mental health claim. I could probably guess the diagnosis they gave you in the military. However, I feel that you should get that information from the reports when they release them. Turning that interview you had in the military into a post service initial diagnosis of a service connectable mental health claim will be an uphill battle and depend heavily on symptoms noted in the SMR and post service history.

I think you hit the bullseye.Your talking about personality disorder vs mental disorder right. Since I have one record at a VAMC and a second situation at a civilian hospital within the first year should cancel any pre denial by them on mental health issues correct. I'm trying to tie it to my AO exposure. I was " Number 1 GI" before exposure and " Number Hauken GI " after exposure.Thinking about writing a book" How to go from West Point and OCS nomination to AR 212 discharge in only 1 year!!" I don't know if it makes any difference but that special little code they weren't suppose to give us was a mental disorder label. I've got that Vets name somewhere who is fighting the VA about that code system.I can easily believe that some one else is using my claim number.My RO stating that I had medical files at Walla Walla VAMC points in that direction. Boy could I use Columbo on this case!! Mike PS I've had the polycythemia now for about 10 years according to records,and bad case of Petechiae on abdomen along with blood tests shows I've already entered the first turn on the slide.I'm just hoping for a long ride!! Mike

Edited January 31, 2012 by Bigred122

[Bigred122]

CALLING GENERAL HOPPY!! CALLING GENERAL HOPPY!!! Still on a holding pattern waiting for my DRO Hearing to be scheduled. Normally I would be impatient on how long it is taking, but in this case it has been sorta a Blessing in disguise.Out of the Blue my Bank offered me a zero interest bankcard for 15 months and it is being used to get some IMOs I couldn't afford before. My Hep C is really kicking into high gear now and as well as the normal organ problems, I'm really getting the skin problems associated with liver disease. Between the pain and the toxicity, my sleep habits are all over the place. This too has been a blessing. For the past two plus years, I have been trying to fight the VA on my disabilities and things that are directly associated with them.Well last night was one of those toss and turn and brain overload nights.When I realized that there was some things that are not related to any of my disabilities that indirectly help prove my 1151 claim. Like I've stated before some lab test from a surgery and a heart attack are missing from the VA medical files. The independant Dr the VA had deny my 1151 claim noted that files were purged from my file. How she knew that I still don't know. Well that got me thinking about other non VA surgeries I had. A hernia surgery in 1995 and a partial Great toe amputation in the same year. Lab test were done prior to both surgeries and there was no sign of any Hepatitis C. That same year I had a flex sig colonoscopy done by the VA and all lab test for it are missing. I'm sure they would show that I didn't have it then either. In 1992 the Idaho Health dept did a full blood work up per my request and it came up clean as well.So that is 3 independant sources and 2 VA work ups that showed no Hep C. No positive labtests till after my 1997 colonoscopy with a transfusion. First lab test after surgery was 1/1999 and it came back positive.The 1999 Lab tests results are at the levels of someone who had just recently contracted this disease and not like those of a disease that has been dormant for 30 yrs. Hoppy,by introducing these independant surgeries and lab tests am I openning them up to saying that I maybe got the Hep C from those surgeries? The surgeries were just routine and required no transfusions. What are your thoughts!! This really tightens up the time line on this disease.Besides the facts that none of my wives or GFs have ever caught or had this disease closes the door on many decades. I don't anticipate them scheduling my DRO until Feb 2013. That will be 16 months since they denied my benefits the first time. I will have some more IMOs by end of Nov and along with this new evidence, I should be in better shape this go around. So far, I still haven't received any of my mental health records or any of the hospital records I have requested from them.I am positive they are still hiding more facts than what I have requested of them. Hopefully your doing fine and will be able to respond back soon to me. I'm holding off for now on submitting any claim on my skin problems for now. But I will make note of them on my updated evidence I will be sending them. So it will be unofficially on the record.If they want to respond now on them that will be ok. Your opinion is much appreciated!! Thank You! Your Man in the barrel and not man with barrel over him! BigRed