1995 Va Disability Claim Filed And Went Into Land Of The Lost

[arkansastraders]

Claim filed in 1995. RO transferred file to another RO, mistakenly. I did not know this until 2009. 2008 I filed the same claim, received 2 Sc @ o%, but found in my 201 file the 1995 case had been adjudicated in NY (partially) with 1 sc @ 0%. The same as the 2008. I had appealed the 2008 and sent the 1995 case to the RO. They did not have a clue it was in my 201. They dropped everything and reopened my 1995 case, saying 30 days to review. It's been 90 days and nothing. The do not use ebenefits so I don't know what is going on. 17 years and I'm fed up with it. I recently got my Congressman involved to remind them I'm still here. In the 2008 case the 1995 case info and records were not used. So I have the same case adjudicated twice and an appeal for the 2008 pending, due to whatever they are doing with 1995 case. Does this make any sense to anyone?

[arkansastraders]

I found a phone # in Washington for claims administration. Called it and believe it or not someone answered and helped me. The guy told me they had sent my NEXUS letter out for a second opinion and had recently got it back and that I should be in rating mode.

Anyone know how long that takes? I am "red-flagged" at the RO.

[broncovet]

CUE only applies to final but unappealed decisions. If you have a decision and its been less than a year ago, then you can file a NOD and appeal it, and not be forced to meet the "CUE" standard of review. If your claim is pending, and the VA wont decide it, then you can consider a Writ of Mandamus to compel the VA to a decsion, but that is not recommended if you are "making progress" on your claim. That is, if the VA discovered their error and has made progress in resolving it in the past 90 days, then you should wait for a decision.

[Berta]

OK -I think I get it now-

Since you found Proof of the inservice surgery and sent it to them, i think they will have to CUE themselves on the 1995 decision.

I assume that you have had, since service, residuals at a ratable level from whatever caused the inservice surgery.

"The guy told me they had sent my NEXUS letter out for a second opinion and had recently got it back and that I should be in rating mode."

I wonder what they meant - and assume they meant the first opinion was due to this:

"I filed the same claim in 2008 "

and I assume they gave you a C & P exam then?

Or maybe they didnt if they had no proof of any inservice nexus as to the surgery....?

But then how can they rate you now ,unless they had enough from the 2008 claim C & results and this is what the 'second' opinion is for.......

[arkansastraders]

Yes I retrieved the surgery info from Fort Benning, it was not in St Louis records or in c file. Yes I have had 6 other surgeries for the same thing. What they had not ever try to rate was the gout and arthritis which is in my 1985 active duty records. That has turned into full body osteo and rheumatoid. C5, 6 and 7 in my neck are gone "seriously deteriorated, with no fluid between joints and encroached".

I'm not sure about CUE, but I do know, that within 2 days of receiving my 201 from me with notes, that the RO opened the case back up and today found out it was an appeal.

I did have a C&P on June 13th, 2012, this has been the only c&P I have ever had. There is tons of active duty records to back it up. The first claim was rectal and colon polyps. This is what I have had 6 other surgeries for.

I had xray and CAT done the very next day and within a week an MRI on my neck. Now there outsourcing me (out of the VA) because the neck is so bad. This has been in my file (neck) since 2002 with nothing done, not even an xray until last month.

My NEXUS letter reads "it is highly probable and most likely that". That's from my private doc that I've had since 1994. He stated he had looked at my active duty and current medical records also. Does that stand for a good NEXUS letter?

I really appreciate all the attention (replies) I'm getting.

[Berta]

" He stated he had looked at my active duty and current medical records also. Does that stand for a good NEXUS letter?

In my opinion Yes and I am sure that he provided a medical rationale ,based on your SMRs, for that statement,in the IMO.

Sometimes I think I have seen it all but what you have been through seems to have been a royal SNAFU for years, that it appears the VA is iinally trying to correct.

"I found a phone # in Washington for claims administration. Called it and believe it or not someone answered and helped me. The guy told me they had sent my NEXUS letter out for a second opinion and had recently got it back and that I should be in rating mode."

Good or you for being so proactive.

"Anyone know how long that takes? I am "red-flagged" at the RO."

I was in a Red Flag scenario from Dec 6th 2011 to about Dec. 22nd 2011..

After waiting for what I expected to be an obvious and fairly easy decision or my AO IHD Nehmer death claim regarding my husband ( a claim which the VA 'lost' and then somehow 'found' in 2010 when I raise hell when they couldn't find it,

I was stunned on Dec 6th 2011 to get denial of my husband's AO IHD because , VA used only his C file, which contained very little in it, and said he didnt have IHD while in service. WTF?

I dont know of a single Nehmer Vietnam vet who DID have IHD in service.

It is my C file as his widow that contained the probative evidence they should have used.I still cannot figure out how anyone could read my 2010 AO IHD claim and not realize that along with the eviddenc I had sent to them with the claim.

After going ballastic for a few minutes, I knew I had them by the goonyats, and made some waves,with VA Central office, long story.

In late December 2011 I called 800 # for a status of my 'award' which I didnt get yet- and the rep was surprised the see the Dec 6th denial and then a subsequent Dec 20 or Dec 22nd special medical opinion had been done and a decision had been made.

The rep thought it was was odd and that she was reading te PC info wrong as to a denial and then a subsequent decision.

I said no-it is correct and that is what I wanted to hear.

I got my award letter maybe about January the 12th 2012.

I demanded they CUE themselves on the erroneous and incompetent Dec decision and they did.

This is why I think the VA is CUEing itself in your situation.

In other words to determine they made a clear and unmistakable error in the older claim and then to go forward and process and rate the claim properly.

Sometimes it takes extraordinary measures to get VA wrongs corrected.

Every single claim I ever had during the last 17 years has taken extraordinary measures on my part.

I don't know why because they had to pay those claims anyhow.

[arkansastraders]

I have several other words than SNAFU for this mess. I received a response from my congressman with the VA response. They have combined ALL of my claims from 1995 to present into the 1/2011 case, which I sent a NOD immediately. But what they did not tell the congressman was that they brought in all of these claims from 1995.