Clarification On What It Takes To Close A Claim!

[Bigred122]

Good Evening My HADITeers! Finally got my C-File today after 5 requests and10 months. Inside of it I got another letter from head honcho of Portland stating that this was my C-File and that I couldn't use this material and that I needed new evidence to reopen my claim.They sent my FIRST denial in October 2011 and I quickly sent them my NOD the first of Nov 2011 and requested a DRO hearing. This is the second letter that they have used this terminology. Am I not correct in thinking that my claim remains open till I either get a final BVA/CAVC denial or if I miss a deadline to file something? And doesn't all my evidence stay good until I screwup and my claim gets closed? They kept trying to tell my EX- congress critter VA Rep that I need to get new info to reopen my claim. ( Not only did I fire the Rep, but so did the Congress critter.lol I guess telling him that his rep couldn't serve two masters at once and he was choosing the VA over me. Also that I would do everything in my power to make sure He didn't get re-elected this year!) lol Anyway, before I jump down this senior VA honcho throat, I want to make sure I am in the right. It was funny to see that 80% of what they had in my file is what I sent them.My file number on top of each page was the clue. Finally got to see my first denial. It was flakey but it is real.My mental files were not in my records tho old or new. Found a supposed surgery in there they said I had but it is false.After they screwed me on my last colonoscopy, no way could they get me to take another one from them. I ordered some more records last week that should clear that up. That or they drugged me and did it without me knowing about it.lol I had a surgery done a year later for a tethered bowel.I rechecked date to make sure they didn't do it then. You know two surgeries for the price of one. I think the fake surgery was to show no mental damage from the botched one if I agreed to another one after that. But I didn't!! My lying PCP from before forgot to tell me about another growth on last half of my thyroid.(AO is good fertilizer for producing thyroid nodules) My thyroid was producing so much bad stuff, I blame it for my heart attack and getting DM2. new growth has my windpipe pushed way over to the right. No wonder my CPAP burps itself during the night.lol Ok, enough babble, am I right that my evidence is still good? Thank you once again for your wisdom!! Mike

[cooter]

rdawg is correct Mike. Any evidence that's already been filed in your c;file cannot be used again as evidence. I assume everybody that request's copies of their c;file are getting or will be getting the same information on this. Like rdawg said, it's just saying that in the future if you are planning to re-open a closed claim you have to submit NEW evidence that isn't already in your c;file. Sorry rdawg, I didn't mean to repeat what you already quoted to Mike. I was just clarifying to Mike that there's other members here that understood the statement the same as you.

Coot

[Bigred122]

That is what makes me mad with the VA. They are not specific on stuff you need to know, yet on stuff that does not pertain they put it in Bold print. to confuse you. Another question for the Elders, are they allowed to withold medical records? There wasn't one piece of mental medical reports in the file. I know there is some because I have it in my files. The main one I have been wanting was there, they wanted me to jump thru hoops, after I did, it disappeared. They say they need a exact date, yet their files show when and where on my first denial back in 1972.( For Hoppy, Denial called it a nervous condition.lol).I wonder what type of nervous condition would scare them from letting me have the medical reports.lol

Cooter, old signal buddy, where the hell you been hiding? You been taking the rear exit on the planes again? Can you believe they can't find any record of our Camp Casey beautification party before they changed 2ND Division Generals? Six million allocated for the project(suppose to be contracted out, but they used bad boys like me who were in trouble to do all the labor.For the record Cooter was a good boy who never left the post to go to the evil village where the naughty girls hung out) and a changing of generals should be easy to trace the exact date.I know it was late spring early summer is all I remembered.Duty records should show everything. All I know was I wasn't alone on the duty of spraying weeds. They brought the stuff to us premixed, so I have no idea what it was exactly. It worked great on the old weeds and the new flowers and trees we planted.lol

Well time to go thru the records to find what else is false. So far a colonoscopy, I never had. My C&P exam notes were about 30 pages, one in file is about 200 pages. Becareful of what you say to anyone.I'm surprised to see what me and the CPAP supply clerk talked about.lol Even my conversations with the 800# operators were in my files.lol Back to work, need to keep this claim open forever or till they say all disabilities are now GRANTED. If not, I will file a Cue with my dieing breath! Mike

[71M10]

It is a good idea to check your decision letter for what they listed as evidence. I know for a fact that sometimes they will have the information in the C-file but not consider it. If the evidence is in the C-file but not listed in the decision letter as evidence that they used to make thier decision you need to bring that to thier attention.

I recently filed a dependancy adjustment for an 18 YO who is still in high school. Ebenefits (benefits the programers!) lists as evidence for this claim everything from all my previous decisions, it is pretty apparent that the "evidence considered" in most cases is a fabrication. It will be interesting to see if this same listing shows up on the decision letter, I would really like to know how or why my echocardiogram is pertinent to determining if my 18 YO son is still in high school?

A recent IRIS also told me to expect it to take at least 227 days(or longer depending on complexity of claim).

Best regards,

[cooter]

Hey Mikey...Been taking care of some projects that should of been done long time ago.lol..Went to see my new ortho surgeon last week at Barrows Inst...When he saw my MRI of my lower back he said he was surprised I can still walk and I need to have surgery as soon as I can or else take a chance and be in a wheelchair for the rest of my life. So I been pondering on that all week. As soon as the claim I have going is adjudicated, I'll get a claim in for my back. It's going to be filed as secondary to my knee since my hospital record from Ft Benning is missing from my SMR.

Ok, getting back to your situation....I am assuming you have a copy of your SMR correct? As I understand it, you have to request your Mental & Hospital records separately from your SMR. I don't understand why they just can't bundle them all in one folder. When I requested my Hospital records, they said there wasn't any. I even gave the exact date and where, but no luck. I'm sure it wasn't a mistake either. That missing record had a Midas Touch, and they knew it. I'm also sure it wasn't involved in the fire cause I have almost everything else. Whats ironic is, they granted SC for my knee but no records except the departing exam which I noted it in. Go figure huh.

When we were at Camp Casey the only file in my SMR was a trip to the Mash unit in Seoul for migraines. Alot of our records in the 60's and 70's ended up missing, initiated by the Dr's I bet.

Hell, it didn't even have any files when I fractured my wrist and wore a cast for a few months. You wouldn't by chance have a picture of me wearing that cast at Camp Casey do you? lol.

Coot

[Bigred122]

Hey Mikey...Been taking care of some projects that should of been done long time ago.lol..Went to see my new ortho surgeon last week at Barrows Inst...When he saw my MRI of my lower back he said he was surprised I can still walk and I need to have surgery as soon as I can or else take a chance and be in a wheelchair for the rest of my life. So I been pondering on that all week. As soon as the claim I have going is adjudicated, I'll get a claim in for my back. It's going to be filed as secondary to my knee since my hospital record from Ft Benning is missing from my SMR.

Ok, getting back to your situation....I am assuming you have a copy of your SMR correct? As I understand it, you have to request your Mental & Hospital records separately from your SMR. I don't understand why they just can't bundle them all in one folder. When I requested my Hospital records, they said there wasn't any. I even gave the exact date and where, but no luck. I'm sure it wasn't a mistake either. That missing record had a Midas Touch, and they knew it. I'm also sure it wasn't involved in the fire cause I have almost everything else. Whats ironic is, they granted SC for my knee but no records except the departing exam which I noted it in. Go figure huh.

When we were at Camp Casey the only file in my SMR was a trip to the Mash unit in Seoul for migraines. Alot of our records in the 60's and 70's ended up missing, initiated by the Dr's I bet.

Hell, it didn't even have any files when I fractured my wrist and wore a cast for a few months. You wouldn't by chance have a picture of me wearing that cast at Camp Casey do you? lol.

Coot

I'll check that yearbook to see if you have a cast on in any of the pics. I think there was 3 pics of you. Yeah, I went to the 121 mash hospital when I first got there for my knees also. I was shocked to see that there really was a 4077 Mash in Korea. They tried pulling fluid out between my knee cap.Boy was that a painful ride back to Camp Casey. A-hole Sgt made sure ride back to where I was in the field hit every bump in the road.NPRC made me get a fax number to DR to send my Korea Mental health record, once I gave them the number twice, all of a sudden I got a no record found letter. So two letters saying yes, one saying no. DRO reviewer outta love that. So much for duty to assist huh? I got all my MH records from Boise no problem without any hoops.(I sure love those folks) Once I win, I will throw a pizza party for them. But I don't want to get them in trouble yet. I need one more falsified surgery record. Never had surgery.What is normally several pages long was only half a page and four pages missing from sequence of records RO sent me. I had ordered a complete set of two years records last week before I got these and it should be in that bunch.I'm trying to tie my neck injury to my knees, but didn't go to sick call in basic when it happened. Knees buckled and I tumbled down a flight of concrete stairs ending upside down stuck in a corner. took three guys to untangle me. It was the last couple of weeks of basic and I knew if I went to sick call, they would write me up a profile and I couldn't take final PT test and would be recycled back thru basic.(once was enough) In Basic, there is always extra pain pills one can get from buddies to get ya thru it all. Once computers took over the world, the constant twisting of neck brought it all back. 4 herniated discs laterally which means no can fixie. Went thru all traction, electro shock and spinal epiderals but limited success. Was hoping VA would pay for the transplant gizmo that sends electrical impulses to block pain. But $100,000 was a bit over my limit.lol To save me some time, what platoon were you in. Your face is imprinted in my brain, but name slips me. You weren't a cooter yet!! lol Mike

[Bigred122]

It is a good idea to check your decision letter for what they listed as evidence. I know for a fact that sometimes they will have the information in the C-file but not consider it. If the evidence is in the C-file but not listed in the decision letter as evidence that they used to make thier decision you need to bring that to thier attention.

I recently filed a dependancy adjustment for an 18 YO who is still in high school. Ebenefits (benefits the programers!) lists as evidence for this claim everything from all my previous decisions, it is pretty apparent that the "evidence considered" in most cases is a fabrication. It will be interesting to see if this same listing shows up on the decision letter, I would really like to know how or why my echocardiogram is pertinent to determining if my 18 YO son is still in high school?

A recent IRIS also told me to expect it to take at least 227 days(or longer depending on complexity of claim).

Best regards,

I know what you mean.The two bozos who did my C&Pexams refused to make a decision on my 1151 claim. So they got some Dr in Portland and only gave her half of the evidence,their, They gave her none of my evidence and opinions on what went wrong.I've been going thru page by page to see what they have. Tomorrow is go thru C&P exam day. My copy had about 30 pages, theirs has about 200 pages. I'm missing 4 pages of a phantom surgery.They asked for copies of a time period twice Jan on one and sept on second and in both cases, those pages were missing.They are on order so I will see. So much bogus info used to determine several disabilities to mention. Out and out lies that have no medical or other type of proof to prove their claims that if it was known for in public it would be a nice deformation of character lawsuit. They may have screwed up because they may have given me another 1151 claim if these don't work out. Been too long to file a Tort claim. Anyway I'm not breaking any new ground here. Most have already felt the prejudicial judgement and ways of the VA and how they do things. The only good thing about always having to go thru all these records is the f/u I find written everywhere. I know it doesn't mean the same to them as it does for me, but it sometimes brings a smile if put in the right place!*wink* Mike