Question

[WVSERVER]

After 15 months of zero movement on an initial claim the VA has sent me a 2^nd VA form 21-4138 and 21-4142, and a VCAA Notice Response. They are asking for me to send them more information on one of my issues (bulged C-4, C-5, and C-7).

They say they need evidence that it existed from my military service. This is the single issue that I only seen military doctors for and do not have a copy of my service records to prove it. I seen civilian Doctors for the rest of my issues and had these records and sent them in with the claim.

So I guess my question is what should I do? Just send it back in stating I have no evidence that it should be in my service treatment records. Does this mean there actively working my case?

Thank you HADIT for all the advice in advance

Edited June 8, 2012 by WVSERVER

[boomer2]

After 15 months of zero movement on an initial claim the VA has sent me a 2^nd VA form 21-4138 and 21-4142, and a VCAA Notice Response. They are asking for me to send them more information on one of my issues (bulged C-4, C-5, and C-7).

They say they need evidence that it existed from my military service. This is the single issue that I only seen military doctors for and do not have a copy of my service records to prove it. I seen civilian Doctors for the rest of my issues and had these records and sent them in with the claim.

So I guess my question is what should I do? Just send it back in stating I have no evidence that it should be in my service treatment records. Does this mean there actively working my case?

Thank you HADIT for all the advice in advance

I wouldn't say the were exactly working on it, I would say they are looking for a way to deny it. Have you tried to get your SMR's from NPRC if not I would definitely do that. I know the VA will request your SMR's from NPRC but they don't always get them ALL. I requested mine and got ALL of my SMR's which the VA did not have. They sent me everything I mean everytime I went on sick call, got shots, even my very first physical when I went in. It will take awhile to get them, took me about 7 months.

[carlie]

They are trying to find the in service occurrence and see

if the condition has been treated any with evidence of continuity of care,

whether by a VAMC or civilian medical provider.

JMHO

[WVSERVER]

I have tried for about 5 yrs to get my service treament records. I have even been told they were lost. But the VA has told me many time they have requested and recived them. They are only giveing me 30 days to respond. The letter say's they will decide my case if they don't hear from me with in 30 day or sonner if I send back the form stating I have no additional infromation. I dont think I could get the record in 30 days could I?

I imagine it's just a form letter and they have no intensions of deciding my case in 30 days. I havent even had a C&P yet. The other issue is sleep apnea which I was MEB/PEB for on active duty. I provided them a copy of the Medical Bord and sleep study that recomened use of a CPAP which started the Medical Bord.

Once again thanks for the advice.

[dittybopper]

Can a event at work (taunting a accepted VA condition) That results in Mental issues that retire a person be of service connection due to constant pain and depression due to pain? Along with mental events brought by constant harrassment?

[carlie]

They want the VCAA notice back in 30 days.

Send them what they are asking for and the signed ROI's.

[carlie]

Can a event at work (taunting a accepted VA condition) That results in Mental issues that retire a person be of service connection due to constant pain and depression due to pain? Along with mental events brought by constant harrassment?

If your asking that if people at work taunt - tease - make fun/light of , a SC'd condition

be SC'd - I say no.