Have A Few Ratings Over The Years, All Basically The Same?

[MartyL16]

All the way back to 1987. Usually with the same denials. Never did they ever go back to the active duty records to "confirm" what I was telling them.

Rating usually stated "...is continued at %". or "remains denied" and you know what. I was too depressed and sick, and ignorant of how to proceed, how to fight for me, until lately!

My questions: Since they referenced no "codes", never explained why, and even when I stated extreme pain, on movement, did the wincing, refused to go past my "pain point", the ratings always said "mild pain". Since 2009 they stated they had no access to my records on the computer, so the only info that they had was my verbal answers to their questions.

Have to mention that I have NEVER seen "them" use a worksheet from the VA. Always saw them scribble a word or two on a regular tablet. Also never had an exam that went more than about 15 minutes.

I am thinking maybe since the info does not actually reflect what is in my "actual" records(that are only) referenced by "clinic name" but no specifics confirming my claims, shouldn't I have other appeal or legal rights?

Maybe their failure, over at least 4 separate ratings, to give me my rights of "due process", or whatever.

Since they always failed to describe the details, or use codes, maybe I can submit as "reopened claims" based on facts that they "missed"? Afterall, they now at least "mention" records that they have and should have had since 1967 and beyond.

For the record, I have an SC 0 from active duty, DM II from 2004 with a marginal SC % presumptive to AO from 'Nam and Thailand.

Thanks

[Berta]

I think you are the same vet I just replied to in another thread here.

"For the record, I have an SC 0 from active duty, DM II from 2004 with a marginal SC % presumptive to AO from 'Nam and Thailand."

Can you explain that better as to "DM II from 2004 with a marginal SC % presumptive to AO from 'Nam and Thailand."

Better yet ...can you scan and attach the most recent Nehmer denial here? (cover name, address and C file number)

What is the 40% SC for?

( I say Nehmer because I think you are same vet in two separate threads here. The recent decision will tell us more)

Edited October 24, 2013 by Berta

[MartyL16]

Hi Berta,

Here is my complete 2011 Rating that is in appeal status. Removed personal info.

NOD filed timely in 2012. Formal DRO video conference June 2013. No SOC ever received regarding this rating.

Thanks for the help.

Marty

Attached is a PDF of the entire rating, including NEHMER cover, and notes by me

VA Rating 2011 (very small file).pdf

[free_spirit_etc]

MartyL - I wonder if there are other veteran's records in your C-file (re: the reports of exams and treatments you said you never received.)

[MartyL16]

MartyL - I wonder if there are other veteran's records in your C-file (re: the reports of exams and treatments you said you never received.)

Thanks for your comments.

I am thinking more of them doing a lot of "cut and paste" from other claims and not correcting matching my claim info.

Afterall, these guys couldn't even correctly ascertain that I actually had "boots on the ground" in Nam in '68 as well as '69. The Quang-Tri postmark plainly shows 1968. There are so many errors that show, without a doubt, that they did not review my records. My records also reflect TET but they missed that also until I actually showed them.

But that is my opinion. My plan is to secure ratings, exam notes, etc. back to 1987 because all my ratings were as bad as this one. I gave up for many years and now I won't. I will appeal until I die.

If you perceive that I am "rambling", you are right as it helps me to talk about it.

Thanks again for your help.

Marty

Edited October 26, 2013 by MartyL16

[free_spirit_etc]

My husband had other vets records in his C-file. In fact, the other day I was looking over his knee exams and noticed one discussing a meniscus tear. And I thought, "Wait... don't those require surgery to repair? My husband never had surgery on his knee..." Then I noticed it was another veteran's medical exam; not my husband's.

I did read over the claim you posted - and a lot of it didn't make sense - as you so accurately pointed out.

I used to think the RO didn't read things and made lots of errors. The more I research, the more I think they do read things, but just distort it all and twist things around. I am sure that once you untangle the mess that they have made of your claims, you will be able to get the ratings you deserve. With all the errors, I hope you get the ratings retroactive.

[free_spirit_etc]

Do you have a copy of your C-file? I am sorry if you have already answered that...

But if you don't have a copy of all the records - you will need to get them.