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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Duty To Assist Is Misleading


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They tell you the VA has a duty to assist getting medical records from different places but they dont tell you its your repsponsibilty to provide a date range of the records pertaining to your claim,. I beieve they actually used that manuever to deny at least one of my claims.

So your best bet is to copy, and send them medical records that pertain to your claim, and give the accurate date ranges.

if they wont even look thru medical records to decide claims, what can they be so busy doing at these ROs? Probably playing word games,,, hmmmm whats a good word to downplay a broken leg>

answer, leg was hyperextended to the point of maximum flexation. DENIED SUCCA ,,,!!!

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It seems so much like the attitude of the va is to deny at all cost, and if the veteran gets wise and puts the va in pickle with evidence, and they have no other place to hide , then they concede, and pay. Think how many veterans never file a claim, and never get any treatment at VAMC after they are discharged. How much money they must save, when that occurs. When they can get away with denying just one contention from one veteran, think how much money they must save. The internet is NOT the vas FRIEND, the internet is the VETERANS friend. We need to keep circulating information, to try and gives vets half a chance. The va is already looking for alternate ways to deny claims, specifically with the paper less system. If you dont believe that will become a headache, and a hassle, that will put up a stone wall in front of veterans, just look at the system so far. Ebenifits personel cannot even update ebenefits or change anything on ebenefits. If you call the va, they say they cant update anything either. They have created a system that is not connected, with no reciprocity. Heres and example. I noticed on ebennies that they have listed that I have never served in a combat zone. WRONG. I served close to 6 months. I called e bennies, they said they could not change it, and transfereed med to Va. Va said they could not change it, and werent sure if thier system had me as a combat vet or not. They said that the information that I served may have not been VERIFIED. ok capt Picard, how do we get it VERIFIED that I was in a combat zone. Answer... Sir Im not sure, im an information tech out of st, louis, I would recommend u send in proof to the RO where your claim is being handled. HMMMI ask, they have had access to all of my information for going on 22 years now. why in the hell would they not have my record of combat service? cant u just call the RO and tell them to change the information?

This is what the future holds in this new system that is being implemented. They are going to get even more careless than they already are, and the blame the " computer program" for all of the problems. They are going to make things so hard to track and keep straight, many vets will become weary and just give up. I have been wondering, if the reason some of my claims were denied is because they have wrong information. presumptives from the persian gulf war I was denied, may be because they dont have me listed as a combat vet.

Edited by 63SIERRA
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The VCAA in 2000 added this duty to assist. The VA is supposed to attempt to get records, especially those in the Governments possession but in the end, It is still the Veterans responsibility to get the records. Dont wait for the VA. If the veteran gets the records then he or she has their own copy and they are better informed.

J

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Exactly Basser the duty to assit rule is up to how much they decide they want to assist. IT BULLSHIT DOUBLETALK, first they say they have duty to assist, then they say its your responsiblitly to provide them medical records. if they dont get them for any reason, the veteran gets screwed. HELL they are the entitity that has our records if they are VA or active service for the most part. if we can get them surely they can get the. THEY HAVE THEM, why cant they get them.

whose on first, I dont know , what do you mean I dont know, I thought he was on second, no, hes on first.. I thought you said I dont know was on first, so is he or aint, he, ?

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We are required to go out twice for primary meds. 15 days each. Second attempt we notify the vet that we are going a second time and also tell the vet that it is ultimately the vets responsibility to get any non federal records. As of federal we must make attempts to go get them until a negative response is received. If a negative response is received Then we notify the vet in a 10 day letter that we were Unable to retrieve those records and to submit alternate records if possible. I've gone to one vamc 8 times before getting a response. Because it is our duty to assist. You'd be surprised how many bad addresses we get got drs. The our duty is yo notify the vet. He comes back in. It resets the while clock for that dr and we make another roe attempts to go out for them. As is our duty to assist. Best advice I can give is to get all pm medical records up front and submit them with the claim. There will be an ROI fee but think of it as an investment in the end product. Also, most vsrs at my to ignore the date range and ask got all in case the dates were wrong. The new vbms records require us to put a date range in so that will change. Sorry about the troubles. Hope it pans out in the end. Respectfully. T8r

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thanks TR8 , when I requested my c-file after my claims were denied, I was shocked at how little was in that file, pertaining to my claimed conditions. Most of what was in there was redundant things, from long ago. nothing from recent medical treatment. you would think, that with all of the medcal issues ive had since 2003, they would have had alot in that c-file.

They had easy access to all of my info, 20 miles away., they are in waco, my treatment was in temple, tx. 'When I went get my medical records, it was no problem at all, and no cost. they printed them while I waited, and they were still warm when they gave them to me.

There is no excuse that the va didnt have everything.. if its not this, its that.

Its either wrong dates, didnt get the records, wrong laws applied, presumptives ignored, and on and on.

also I never got a letter from the va, or the dav ,m saying they could not get records pertaining to my claim,.

How can I know what they had access to and didnt put in my c-file, and what they decided not to use, other than the c-file. So when I brought this issue up, they say well some may have been on electronic file. well why didnt they send me that? they gave me a CD disk at release of information for my xrays and ct scans and ultrasounds over the years when I went to release of information for my own personal records. ? They had the cabability, ...That is why I dont believe that is the case/ THE VA PUTS IN THE C-FILE, WHAT THEY NEED TO JUSTIFY THE CLAIMS THEY DENIED. THEY ARENT GOING TO PUT EVIDENCE IN A C-FILE THAT COULD CAUSE A CLAIM TO BE WINNABLE.

Edited by 63SIERRA
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