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nanaeris

Lost/misplaced Claim

Question

I filed a CUE claim for myocarditis in the presumptive period which was denied in 1976 and I also filed an earlier effective date claim for osgood schlatter disease permanment aggravitated by service, which was also denied in 1976. Carla helped me with the CUE claim and others on this site helped me with the earlier effectived date claim. In July I received a 5103 waiver review that I uploaded thru eBenefits. The claim then just disappeared. The only thing I got on eBenefits was open claim information was not available at this time. The person on the 1-800 number stated I did not have an open claim but an appeal. The Iris response stated I did not have a claim but an appeal. The person that responded from the Waco Regional stated my appeal was in VACOL database and my 5103 waiver and CUE claim was in their MAP-D database as evidence for the appeal. I contacted my congressman, and the VA wrote his and said they found my CUE claim for a heart murmur. I wrote them the CUE claim was for myocarditis. They still refuse to put my claim on eBenefits or make it available for the 1-800 people. I know these two claim would include a lot of retro pay, do you think this is the reason Waco is trying to jerk me around with this CUE for a heart murmur which I did have while in the military? I still do not know why they remove the claim from eBenefits and the 1-800 number. This claim is now a 270 days old. When I uploaded the 5103 I let the people at Waco know the myocarditis was well within the presumptive period and I sent 2 MEB reports which clearly stated my knees was permermant aggraviated by military service. Any thoughts or ideas on how to handle something like this.

Thank you,

nanaeris

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4 answers to this question

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SAME thing happened to one of my claim,s just disappeared of e bennies, same ro waco, I think they may have outsourced my claim to nashville tennesee, and did not send them all of my information.

I would call the ebennies number back and ask them what ro is handling your claim,

waco sucks. they will try to change the name of your condition to deny your claim, they try to find congenital conditions to name them, to deny you, they are DIRTY , DIRTY , DIRTY,, thats what they did to me, on all of my conditions they wrongfully denied. They try to twist things around to deny you.

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you need to research the 38 cfr, and find out what is service connectable and what is not, chances are if they labeled it a heart murmer, its not ratable/ so the best thing to do is be generalized and say heart condition. medical records , and doctors label the ilness or disease. they will say u arent a doctor. research everything , you cannot trust them to do it accurately. if u reference medical records, put a date range. if u send in copies of medical records, put your claim number at the top and date each page.

also I would quit submitting thru ebenifits. I would get a VSO any will do and use them to file your claims and info., they recieve it from you, take it to the ro because they are in the same building, have them date stamp that they recieved it, then send u a letter confirming that.

dont play the """ the computer lost it game"""" with them.

Get u a big 3 ring binder and tab it, and file everything. it could be a long fight and if you are organized its alot easier.

Edited by 63SIERRA

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After I did a congressional inquiry, that when I got the e-mail from the Service center manager stating they had found my claim and sent the congressman a letter stating I had a CUE claim for a heart murmur. I wrote them and stated the claim was for myocarditis and aggravation for osgood schlatters and if the claim had been located why it wasn't back on eBenefits. They told me because the document had to be sent off to be scanned into VBMS. Has anyone ever sent an e-mail to these Field Operations offices that are suppose to oversee these VARO and got a response back? This is getting to be a headache dealing with WACO. I have had 3 denials from them and won all by going to congress to get Waco to just look at the evidence. I am right back to my congressman and explain in details I need exact answers and not some broad and general statement about what is going on. I am not going to give up on this even if I have to drive the 800 miles to Waco from El Paso. It just amazie me what the VA is allowed to get away with even when dealing with congress.

nanaeris.

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Geez, my VARO farted around with my SMC CUE claim for 8 years. But they never lost it, like they did with 2 of my my other claims.

One lost claim was my AO IHD death claim (in which I again referred to the CUE ,filed in 2004)

VA found the lost claim when I raised hell and sent it to the Nehmer AO people in Philly VARO.

First I got decision that was so erroneous I forced them to CUE themselves.

Then I got the proper Nehmer award and also the proper resolve of my CUE claim...within 3 weeks. I really raised hell on their first decision.

I have Cued that award again but ...in any event...... I do believe when VA sees what they now is a valid CUE claim, involving good sized retro, they will do all they can to stave off any proper decision on it.

My 2004 CUE claim was so simple a ten year old could understand it and how they broke their own regs ( 3 CUEs, in the same claim) and it was all on one sheet pf paper with the legal evidence attached and listed and copy of their erroneous decision from 1998.

8 years at one RO denied continually and 3 weeks at another....awarded

Same Claim, same evidence.....a lot is wrong with that picture.

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