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Va Claims No Evidence Received

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Jay Hall

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First, I would like to say I get a ton of useful information from this site. Please keep up the good work.

In November 2011, I submitted the paper work for having my carpal-tunnel syndrome evaluated as well as an increase for C-8 IDS and an increase for upper right and left parathesia. This was submitted as three different claims. And, medical records were submitted with each claim as well. For some reason, they were lumped together as one claim, and I could not get them broken into three separate claims.

The carpal-tunnel was denied since no evidence was found. I requested copies of my medical records (which finally arrived in July 2012) and faxed the medical records showing treatment for carpal-tunnel. Included with the information I submitted then, was a letter stating I had no other evidence to submit. Everything I have sent to the VA is showing as received under the "What We Have Received".

When I checked the eBenefits web site last night, there had been a change to my claim. The web site states they did not receive any medical information from me whatsoever and the claims were closed on January 22, 2013. However, reading a different portion of the page, a VES (Veteran Evaluation Service?) has been requested by March 25, 2013.

I have been in contact with the VA several times requesting status updates via phone (which they tell me there never are any), and by email to which I have not received any response at all. One of the people actually sent a "formal" request to have an updated status of my claim, and never received any response.

I am extremely concered this claim will be closed, and I will need to restart the process. What should my next step be? I have a letter already written if needed, but I want to make sure what I am reading on the eBenefits web site is correct before sending a letter with additional copies of medical records.

There is not a VSO representing me at this time. Is it time for me to look into having a VSO represent me?

Thank you for your help,

Jay

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"There is not a VSO representing me at
this time. Is it time for me to look into having a VSO
represent me?"

A VSO is good idea to

1. try to get accurate statuses... and

2. document coPies of wHat you have sent to VA or get from VA (like the VCAA letter)

Some VSOs will go the whole 9 yards....many wont...That is what hadit is for..

"The carpal-tunnel was denied since no
evidence was found. "

Do you have a service nexus for the CT or is it a secondary condition to C-8 IDS?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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The first cardinal rule is to NEVER submit a claim when you have one pending. The VA will do exactly what they did and lump them together. If you had a claim pending for , lets say 10 months and you submit another claim, it will stop or extremely slow down the progress of all claims. They will all be sent back to the development phase and begin all over.

As for the carpal tunnel syndrome, you state that you are being treated for symptoms. Did you have a EMD test? This test is the only way to determine if carpal/cubitial tunnel is present. You can be treated for symptoms of carpal tunnel syndrome and many veterans are, but without an EMD test and a diagnosis, the VA will deny your claim each and every time.

When you send documentation to the VA, it is best to send the documents by mail, return receipt requested. When you fax, you have a record of VA receiving the documents, but no earthly idea who took the records from the fax machine. At least by sending by mail with RRR, you have a signature from someone who works in the mail room and your chain of custody can be met. Once the mail room forwards documents to the applicable department/section it is recorded with the name of those who have custody and the date and time.

Also, you are rated at 80%. I advise ALL veterans that I see, when you submit a claim, one of three things will happen, the claim will be increased, the claim will stay the same, the claim will be downgraded. When you submit a claim, you are indeed opening your claim in its entirity. if you have an issue, let say left ankle injury, and you haven't had this looked at in a few years, VA will look at this and say, the veteran is not complaining, must be better, we will lower the SC% to 0%. I wished I had a dollar for every claim I reviewed and seen this happen.

Yes, I would definately seek out a veterans service officer to assist you in your plight. You need to find one that is seasoned (well experinced). Many VSO's only work one or two days a month. Bless their hearts but, I would recommend going to your VA hospital or your VARO. They have VSO's that work everyday and many are well tuned to the processsing, developing and tracking of claims.

Once you obtain a VSO, I would definately refrain from calling VA repeatedly for updates on your claims. They (or some do) have the ability to pull your information up on the screen while they speak with you. These guys/gals have the ability to go into different screens to obtain information for you. The service representatives when you call (Peggy) only have access to what's in front of them and then they still read from a script.

I hope this information has been helpful to you.

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First, thank you for your help. As for the carpal tunnel, EMD and surgery to correct on the left hand and the right is making through with braces at night for the time being.

I panicked too soon. I received a phone call this afternoon from the VES setting up appointments, x-rays, etc.

Again, thank you to everyone for their help.

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