Confused And Scratching My Head

[Papa]

Back last April 2012, I got a letter from the VA that they want me to have an exam to check on my current condition. They did not say for what condition. After, bugging many people, I got a call from the Houston RO, and they told me that it was for my Back. That they were re-opening an old claim, as they finally found the vidence that I hurt my Back in the Military. I also had my Back as part of a new claim dated 2-16-2010. Now, I have the exam at QTC on 6-11-2012, and according to ebenefits the Doctor had until 7-23-2012, to have the report completed and submitted. Well the Doctor had it done on 6-28-2012, but the VA has linked this exam to my 2-16-2010 claim, and will not get out of gathering evidence stage. Can anything else go wrong? I did not ask for this exam.

Papa

[broncovet]

Papa

I take it that you are SC for your back condition, so you are concerned about a reduction, correct?

While I can understand your concern, do remember this:

Did you receive a decision between 2-16-10 and the present? The reason I ask is because it is going to be extra difficult for the VA to say:

We changed our mind. While we thought you were SC for your back on the 2-16-10 exam, and continued your evaluation, we looked at it later and decided you dont deserve your benefits after all, so please give them back. Pretty please? Just write us a letter telling us you want to cancel these benefits and we will take them away pronto.

NOOOO. The VA is going to have to do a proposed reduction and explain how your condition materially improved from when they rated you for this condition, or "continued" your rating, until the most recent exam. You dont have to show you currently meet the criteria for your rating..just that you did not have material improvement.

[Reddit]

PAPA,

I am glad that i say topic. i to am going thru the same thing. I don't think it is to reduce your claim, i think it has to do with some evidence that they have discovered, or they have asscioated your claim with some new records(material) that they said they didn't have.

The thing that i am going thru is that VA said they could not locate my service medical records back in 1998. I was discharge in 12/97. so, what happen to the records so fast. They award me 10% for migraines, and serivce connect me for other things. VA said that if records are located at a lataer time they would reconsider my claim, and award back to 1997.

In 2010, i filed a claim for increase, and on the claim where it said what evidence was use( service medical treatment records, all of them) so, i sent in for a EED for my claim back to go back to 2008.

After two years of waiting, C&P done for another issue, got congress involved, because claim was taking to long. They put someone on the claim and now they have amend my claim. They add the issue( well my initial claim)that i filed for in 1998. They sent me to another C&P, and it was for the things that i was already service connect for with a rating from 0 to 50 percent. The issues that was denied, they want everything from when i left military to now( i guess they need this to overturn these issues)

so, i they are reconsidering my claim, before they move on to the new claim because they are for early effective dates.

So, hand in there Papa, this one my be good for you.

Reddit

[MarkInTexas]

PAPA,

I am glad that i say topic. i to am going thru the same thing. I don't think it is to reduce your claim, i think it has to do with some evidence that they have discovered, or they have asscioated your claim with some new records(material) that they said they didn't have.

The thing that i am going thru is that VA said they could not locate my service medical records back in 1998. I was discharge in 12/97. so, what happen to the records so fast. They award me 10% for migraines, and serivce connect me for other things. VA said that if records are located at a lataer time they would reconsider my claim, and award back to 1997.

In 2010, i filed a claim for increase, and on the claim where it said what evidence was use( service medical treatment records, all of them) so, i sent in for a EED for my claim back to go back to 2008.

After two years of waiting, C&P done for another issue, got congress involved, because claim was taking to long. They put someone on the claim and now they have amend my claim. They add the issue( well my initial claim)that i filed for in 1998. They sent me to another C&P, and it was for the things that i was already service connect for with a rating from 0 to 50 percent. The issues that was denied, they want everything from when i left military to now( i guess they need this to overturn these issues)

so, i they are reconsidering my claim, before they move on to the new claim because they are for early effective dates.

So, hand in there Papa, this one my be good for you.

Reddit

Reddit, after all this, they still can't find your service rercords? Or did they finally turn up? Wow.

Mark

[ComputerGeek46]

Knowing the VA Papa id say perhaps a 50/50 chance here that it is positive so I hope for your sake that it is good news.

[Reddit]

MARKLIN TEXAS,

No, from what they are saying now is that they still don't have the records. I recieved a increase in 2008,( but they didn't say whether they had my records) they use my present evidence, and they reference back to my inital claim decison. In 2010, they reference back to my smr, but now that i have call them on it,(since i learned it from Hadn't) they can't seem to locate the records.

So, i have been working with the congress office to get the claim from 2010 process, but they kept requesting for records from Atlanta, or who ever supposed to have your active duty records and they can't find them.. I separate in 12/97 and in 5/98, C&P exam, but no records.

i am now 50 percent migraine, 10 percent sinus, 30 gerd., but theses are the same things i filed for in 1998 and more. So, it seems like they can't process the new claim from 2010, until they address the issues(claim from 1997. Va is the one that put in a staement all thru my claim that list several times that they would reconsider the claim if located.

so, with the new C&P that I done last week, it was on things that i am already rate for. And the examier only ask about the past., back on active duty., who diagnosis and when. a ten minute app. said that i had already been dignosis she wasn't there to diagnosis me.

so, wish me good luck

[MarkInTexas]

I had always read that in the absence of military service medical records that the VA "HAD" to give you at least the benefit of the doubt that a condition developed or was aggravated by military service. Kind of one of those "we lost it, so we have to pay up" kind of things.

Guess I was wrong. Anybody know what the VA's rationale is when they have lost a Veterans service medical records in the system?

Mark